Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter or Chapter 5A to be entered in the Register.
Certified copies and extracts
(2) The Titles Administrator may, on payment of a fee calculated under the regulations, supply:
(a) a copy of or extract from the Register; or
(b) a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter;
certified by the Titles Administrator to be a true copy or true extract, as the case may be.
(3) The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
(4) The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
(a) stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
(i) has been made or done; or
(ii) has not been made or done; or
(b) stating that an entry, matter or thing required by or under this Chapter not to be made or done:
(i) has not been made or done; or
(ii) has been made or done.
(5) The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings--copy of certificate to be given to defendant 14 days before certificate admitted in evidence
(6) A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:
(a) the person charged with the offence; or
(b) a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
(7) If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
(a) called as a witness for the prosecution; and
(b) cross - examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
(8) However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person's intention to require the person who signed the certificate to be so called; or
(b) the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
(9) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.