64AEstablishment

64A Establishment (1) The Head, Transport for Victoria is established. (2) The Head, Transport for Victoria consists of one member appointed in accordance with section 64AE as entity Head of the Head, Transport for Victoria. (3) The Head, Transport for Victoria— (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and S. 64AB inserted by No. 49/2019 s. 3. 64AB Official seal (1) The official seal of the Head, Transport for Victoria— (a) must be kept in custody as directed by the Head, Transport for Victoria; and (b) must not be used except as authorised by the Head, Transport for Victoria. (2) All courts must take judicial notice of the seal of the Head, Transport for Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed. S. 64ABA inserted by No. 34/2023 s. 123. 64ABA Execution of deeds without official seal and electronically (1) The Head, Transport for Victoria may execute a deed without using the official seal if the deed is signed by— (a) the entity Head of the Head, Transport for Victoria; or (b) an employee in the Department who is authorised by the Head, Transport for Victoria. (2) The **Electronic Transactions (Victoria) Act 2000** applies to a deed executed under subsection (1) as if in section 12A(1) of that Act, for "signed, sealed and delivered" there were substituted "signed and delivered". S. 64AC inserted by No. 49/2019 s. 3. 64AC Head, Transport for Victoria represents the Crown In performing its functions and exercising its powers, the Head, Transport for Victoria represents the Crown. S. 64AD inserted by No. 49/2019 s. 3. 64AD Role of entity Head The entity Head of the Head, Transport for Victoria is responsible for the management of the functions of the Head, Transport for Victoria consistent with the primary object of the Head, Transport for Victoria. S. 64AE inserted by No. 49/2019 s. 3. 64AE Appointment of entity Head (1) The Secretary may appoint a person employed in the Department under Part 3 of the **Public Administration Act 2004** as entity Head of the Head, Transport for Victoria. (2) Before any person is appointed as provided under subsection (1), the Minister must endorse that person's appointment. S. 64AF inserted by No. 49/2019 s. 3. 64AF Appointment of acting entity Head (1) If the entity Head of the Head, Transport for Victoria is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of entity Head, the Secretary may appoint any of the following persons to act as entity Head— (a) a person employed in the Department under Part 3 of the **Public Administration Act 2004**; (b) an Administrative Office Head of an Administrative Office in relation to the Department; (c) the chief executive officer (however described) of a sector transport agency. (2) A person's appointment under subsection (1) need not be endorsed by the Minister before their appointment, if their appointment will be for a period not exceeding 4 weeks. (3) A person appointed under this section to act in the place of the entity Head of the Head, Transport for Victoria, while so acting— (a) has all the rights and powers, and must perform all the duties, of entity Head of the Head, Transport Victoria; and (b) is to be paid any remuneration and travelling or other allowances fixed by the Secretary from time to time. (4) In this section— ***Administrative Office*** and ***Administrative Office Head*** have the same meaning as in section 4(1) of the **Public Administration Act 2004**. S. 64B inserted by No. 3/2017 s. 3, substituted by No. 49/2019 s. 15.