Queensland Consolidated Acts

FOREIGN OWNERSHIP OF LAND REGISTER ACT 1988 - SECT 43

43 Evidentiary provisions

In any proceedings under this Act—

(a) it shall not be necessary to prove the appointment of the Minister, the registrar or a delegate of the registrar to do an act or take a proceeding; and

(b) a signature purporting to be that of the Minister, the registrar or a delegate of the registrar shall be taken to be the signature it purports to be until the contrary is proved; and

(c) a document purporting to be a copy of or an extract (certified by the registrar) from a document lodged in the land registry shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of—

(i) in the case of an office copy—the last document and its contents; or

(ii) in the case of an extract—the matters contained in the document; and

(d) a certificate purporting to be that of the registrar as to the time when a document of or from which an office copy or extract has been produced in evidence, was lodged in the land registry shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the fact and time of the lodgement of the document; and

(e) proof of exemption from a provision of the Act shall be upon the person who relies on the exemption; and

(f) it shall not be necessary to prove the authority of a person to do an act or take a proceeding in the absence of evidence to the contrary.