Western Australian Current Acts

MAGISTRATES COURT ACT 2004 - SECT 34

34 .         Evidentiary matters

        (1)         It is to be presumed in respect of any case dealt with by the Court, that the Court —

            (a)         was constituted according to law; and

            (b)         had jurisdiction to deal with the case.

        (2)         Evidence of any document that forms part of the Court’s records may be given by producing a copy of the document that is certified by a registrar to be a true copy of the document that forms part of the Court’s records.

        (3)         Evidence of any proceedings in the Court or of any evidence adduced before the Court may be given by producing a certificate signed by a registrar that sets out the proceedings or the evidence.

        (4)         If a document is apparently sealed with the seal of the Court, it is to be presumed that the seal is the seal of the Court and that it was properly applied to the document and that the document has been properly issued by the Court.

        (5)         A document apparently signed by a magistrate is to be presumed to have been signed by a person who was at the time a magistrate.

        (6)         A document apparently signed by a registrar is to be presumed to have been signed by a person who was at the time a registrar.

        (7)         The presumptions in this section apply in the absence of proof to the contrary.