Queensland Consolidated Acts

CRIMINAL LAW (HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT) ACT 2017 - SECT 37

37 Evidentiary provisions

(1) This section applies to a proceeding under this Act.

(2) The appointment or power of the chief executive must be presumed unless a party to the proceeding, by reasonable notice, requires proof of—

(a) the appointment; or

(b) the power to do anything under this Act.

(3) A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.

(4) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—

(a) that a conviction or charge of a stated eligible person for a stated eligible offence was or was not expunged under this Act;

(b) on a stated day, a stated person was given a stated notice under this Act;

(c) on a stated day, a stated request was made of a stated person or entity.

(5) In a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.