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FOREIGN EVIDENCE ACT 1994 - SECT 37

Certificates attached to foreign public documents

  (1)   This section applies in relation to a foreign public document that has placed on it or annexed to it a certificate issued under the Convention.

  (2)   In a proceeding in any Australian court, and for the purposes of any person performing a function or exercising a power under an Australian law, the certificate is evidence of:

  (a)   the authenticity of the signature on the foreign public document; and

  (b)   the capacity in which the person signing the foreign public document has acted; and

  (c)   where appropriate, the identity of the seal or stamp that the foreign public document bears.

  (3)   Subject to section   39, an Australian court, or a person performing a function or exercising a power under an Australian law, must not require any formality other than the certificate in order to certify:

  (a)   the authenticity of the signature on the foreign public document; and

  (b)   the capacity in which the person signing the foreign public document has acted; and

  (c)   where appropriate, the identity of the seal or stamp that the foreign public document bears.


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