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Public Bodies Contracts Acts (1959 to 1999) by Parliamentary Counsel  026
3   Mode of contracting by public bodies




   3. Mode of contracting by public bodies---(1) Any contract which, if
 made by private persons, must be by deed shall, if made by a public
 body, be in writing and,---
   (a) If made by a public body which is a body corporate, shall be made
         under the seal of the public body:
   (b) If made by a public body which is the governing authority of a
         body corporate, shall be made under the seal of the Corporation:

   (c) If made by a public body whose functions are exercised by any
         other public body which is a body corporate or is the governing
         authority of a body corporate, shall be made under the seal of
         that other public body or under the seal of the Corporation, as
         the case may be.

   (2) Any contract which, if made by private persons, must be in writing
 signed by the persons to be charged therewith shall, if made by a public
 body,---
   (a) Be made in the manner specified in subsection (1) of this section
         as in the case of a deed; or
   (b) Be signed by any member or officer of the public body on behalf of
         and by authority of the public body; or
   (c) In any case where the functions of the public body are exercised
         by any other public body, be signed by any officer of either
         public body or any member of that other public body, acting in
         each case on behalf of and by authority of the first-mentioned
         public body.

   (3) Any contract which, if made by private persons, may be made orally
 may be made in the manner specified in subsection (1) of this section as
 in the case of a deed, or in the manner specified in subsection (2) of
 this section as in the case of a contract required to be in writing, or
 may be made orally by or on behalf of a public body---
   (a) By any member or officer of the public body acting by authority of
         the public body; or
   (b) In any case where the functions of the public body are exercised
         by any other public body, by any officer of either public body
         or any member of that other public body, acting in each case by
         authority of the first-mentioned public body,---

 but no oral contract shall be made for any sum exceeding [$1,000].

   (4) Notwithstanding anything in the foregoing provisions of this
 section, no contract made by or on behalf of a public body shall be
 invalid by reason only that it was not made in the manner provided by
 this section, if it was made pursuant to a resolution of the public body
 or to give effect to a resolution of the public body in relation to
 contracts generally or in relation to that particular contract.

       In subs. (3) the expression ``$1,000'' was substituted for the
     words ``four hundred dollars'' (as amended by s. 7 (1) of the
     Decimal Currency Act 1964) by s. 2 of the Public Bodies Contracts
     Amendment Act 1975.
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