Australian Capital Territory Numbered Acts

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EVIDENCE (AMENDMENT) ACT (NO. 2) 1993 (NO. 62 OF 1993) - SECT 6

Substitution

6. Part II of the Principal Act is repealed and the following Part substituted:

Division 1—Evidence of Acts, subordinate laws and instruments

“8. All courts shall take judicial notice of—

        (a)     the passing of an Act by the Legislative Assembly;

        (b)     the date on which an Act was notified in the Gazette ; and

        (c)     the commencement of an Act or of part of an Act.

“9. All courts shall take judicial notice of—

        (a)     the making or passing of an enactment;

        (b)     the date on which an enactment that is a converted Ordinance was notified in the Commonwealth Gazette ; and

        (c)     the commencement of an enactment or of part of an enactment.

“10. All courts shall take judicial notice of—

        (a)     the making of a subordinate law;

        (b)     the date on which a subordinate law was notified in the Gazette or the Commonwealth Gazette ; and

        (c)     the commencement of a subordinate law or of part of a subordinate law.

“10A. A document that purports—

        (a)     to be a copy of a subordinate law; and

        (b)     to have been printed by the Government Printer;

is evidence that the subordinate law was duly made by the person or body authorised to make such a law.

“10B. A document that purports to be a copy of the Gazette , or an extract from a copy of the Gazette , and to have been printed by the Government Printer shall, in the absence of evidence to the contrary, be taken to be a copy of the Gazette , or an extract from a copy of the Gazette , as the case requires.

“10C. (1) In this section—

‘instrument' includes—

        (a)     a by-law, determination, direction, notice and order; and

        (b)     a copy of an instrument.

“(2) Where an Act or a subordinate law—

        (a)     requires or permits an instrument to be published in the Gazette ; or

        (b)     before self-government day, required or permitted an instrument to be published in the Commonwealth Gazette ;

a copy of the relevant Gazette , or an extract from a copy of the relevant Gazette , that purports to contain the instrument is evidence of—

        (c)     the making of the instrument;

        (d)     the terms of the instrument;

        (e)     if the instrument recites that steps or conditions, preliminary to the making of the instrument, have been taken or fulfilled—the taking of those steps or the fulfilment of those conditions; and

        (f)     the publication of the instrument in the relevant Gazette .

“(3) Where an Act or a subordinate law—

        (a)     requires or permits an instrument to be published in the Gazette ; or

        (b)     before self-government day, required or permitted an instrument to be published in the Commonwealth Gazette ;

and the instrument has been published in the relevant Gazette , the instrument shall, in the absence of evidence to the contrary, be taken to be in force.

Division 2—Evidence of reserved laws and instruments

“10D. All courts shall take judicial notice of—

        (a)     the making of a reserved law;

        (b)     the date on which a reserved law was notified in the Commonwealth Gazette , or otherwise proclaimed; and

        (c)     the commencement of a reserved law or of a part of a reserved law.

“10E. All courts shall take judicial notice of the making of a proclamation by the Governor-General under a reserved law, being a proclamation published in the Commonwealth Gazette .

“10F. A document that purports to be a copy of the Commonwealth Gazette , or an extract from a copy of the Commonwealth Gazette , and to have been printed by the Commonwealth Government Printer shall, in the absence of evidence to the contrary, be taken to be a copy of the Commonwealth Gazette , or an extract from a copy of the Commonwealth Gazette , as the case requires.

“10G. (1) In this section—

‘instrument' includes—

        (a)     a determination, direction, notice and order, except a proclamation by the Governor-General; and

        (b)     a copy of an instrument.

“(2) Where a reserved law requires or permits an instrument to be published in the Commonwealth Gazette , a copy of the relevant Commonwealth Gazette , or an extract from a copy of the relevant Commonwealth Gazette , that purports to contain the instrument is evidence of—

        (a)     the making of the instrument;

        (b)     the terms of the instrument;

        (c)     if the instrument recites that steps or conditions, preliminary to the making of the instrument, have been taken or fulfilled—the taking of those steps or the fulfilment of those conditions; and

        (d)     the publication of the instrument in the relevant Commonwealth Gazette .

“(3) Where—

        (a)     a reserved law requires or permits an instrument to be published in the Commonwealth Gazette ; and

        (b)     the instrument has been published in the relevant Commonwealth Gazette ;

the instrument shall, in the absence of evidence to the contrary, be taken to be in force.

Division 3—Evidence of office holders

“10H. (1) All courts shall take judicial notice of—

        (a)     the signature, appearing on a judicial or official document, of a person who holds, or has held, any of the following offices:

              (i)     the Speaker of the Legislative Assembly;

              (ii)     the Clerk to the Legislative Assembly;

              (iii)     the Chief Minister or the Deputy Chief Minister;

              (iv)     Minister;

              (v)     the Head of Administration;

              (vi)     member of the Australian Capital Territory Administrative Appeals Tribunal;

              (vii)     the Registrar of Titles, the Acting Registrar of Titles or a Deputy Registrar of Titles;

              (viii)     the Registrar of Business Names, the Acting Registrar of Business Names or a Deputy Registrar of Business Names;

              (ix)     the Registrar of Incorporated Associations, the Acting Registrar of Incorporated Associations or a Deputy Registrar of Incorporated Associations;

              (x)     the Registrar of Unclaimed Moneys or the Acting Registrar of Unclaimed Moneys;

              (xi)     the Public Trustee;

              (xii)     the Community Advocate;

              (xiii)     the Director of Public Prosecutions;

              (xiv)     an office to which the Executive, by order published in the Gazette , declares this section to apply;

        (b)     the seal of such a person appearing on a judicial or official document; and

        (c)     the fact that such a person holds or has held such an office.

“(2) An order may be made under subparagraph (1) (a) (xiv) in relation to an office that has ceased to exist before the making of the order.

“(3) An order under subparagraph (1) (a) (xiv) continues to apply in relation to an office, notwithstanding that the office ceases to exist after the making of the order.”.



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