34Powers of the Secretary

34 Powers of the Secretary

S. 34(1) amended by No. 3/2017 s. 9(1), substituted by No. 49/2019 s. 7(1).

(1) The Secretary has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of the functions of the Secretary under this Act or any other Act.

(2) Without limiting the generality of subsection (1), the Secretary may on behalf of the Crown—

S. 34(2)(a) amended by No. 49/2019 s. 7(2)(a).

(a) acquire, hold, dispose of or otherwise deal with real or personal property;

S. 34(2)(ab) inserted by No. 49/2019 s. 7(2)(b).

(ab) dispose of land, or an interest in land, to another transport body for nominal consideration;

S. 34(2)(ac) inserted by No. 49/2019 s. 7(2)(b).

(ac) accept the transfer of land, or an interest in land, from another transport body for nominal consideration;

(b) enter into any agreement or contract;

(c) enter into any lease or licence;

(d) participate in the formation of a corporation, trust, partnership or other body;

(e) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;

(f) become a member of a company limited by guarantee;

(g) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;

(h) acquire, and hold and dispose of, an interest in a partnership or other body;

(i) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Secretary or the Department;

(j) give indemnities, guarantees, releases and charges, and anything else of a similar nature;

(k) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);

(l) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;

(m) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;