STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 387 #DATE 19:12:1973)
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - TABLE OF
PROVISIONS
TABLE
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Definitions
PART II-JUDICIAL NOTICE
3. State Acts to be judicially noticed
4. Seals of States and Territories to be judicially noticed
5. Certain signatures, &c., to be judicially noticed
PART III-PROOF OF CERTAIN INSTRUMENTS
6. Proof of proclamations, commissions, orders and regulations
7. Proof of proclamations and acts of State or Territory
8. Proof of certain public documents
9. Public document admissible in any State or Territory without
proof
to be admissible in all Courts
10. Proof of public books and documents of States or Territories
11. Proof of Votes and Proceedings of State Parliaments
PART IV-PROOF OF CERTAIN MATTERS
12. Proof of Government Gazette of State or Territory
13. Proof of printing by Government Printer of State or Territory
14. Proof of act done by Governor or Minister of a State
14A. Proof of act done by the Governor-General, &c.
15. By-laws and regulations under State Acts
16. Proof of incorporation of company
PART V-PROOF OF JUDICIAL PROCEEDINGS
17. Proof of judicial proceedings of State or Territorial Court
PART VI-MISCELLANEOUS
18. Faith and credit to be given to documents properly authenticated
19. This Act not to derogate from existing powers
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 1.
Short title.
SECT
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901-1973
Title amended by No. 15, 1928, s. 2. An Act to provide for the recognition
throughout the Commonwealth and its Territories of the Laws, the Public Acts
and Records, and the Judicial Proceedings of the States and the Territories.
Heading substituted by No. 54, 1964, s. 7.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the State and Territorial Laws and Records
Recognition Act 1901-1973.*
Section 1A repealed by No. 216, 1973, s. 3.
* * * * * * * *
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 2.
Definitions.
SECT
Amended by No. 15, 1928, s. 4; No. 80, 1950, s. 3; No. 54, 1964, s. 3; and No.
216, 1973, s. 3.
2. In this Act, unless the contrary intention appears-
''Court'' includes the High Court and all Federal Courts and Courts
exercising federal jurisdiction, all Courts of the several States and
Territories of the Commonwealth, all Judges and Justices and all Arbitrators
under any Act, State Act or Ordinance of a Territory, and all persons
authorized by law or by consent of parties to hear, receive and examine
evidence.
''Minister'', in relation to a Territory, means the Minister charged with
the administration of any Act, Ordinance or Regulation in its application to
that Territory.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 3.
State Acts to be judicially noticed.
SECT
PART II-JUDICIAL NOTICE
Heading substituted by No. 54, 1964, s. 7.
Substituted by No. 54, 1964, s. 4.
3. All Courts shall take judicial notice of all State Acts.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 4.
Seals of States and Territories to be judicially noticed.
SECT
Amended by No. 15, 1928, ss. 3 and 6.
4. All Courts shall take judicial notice of the impression of the seal of
any State or of any Territory without evidence of such seal having been
impressed or any other evidence relating thereto.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 5.
Certain signatures, &c., to be judicially noticed.
SECT
Amended by No. 15, 1928, ss. 3 and 7.
5. All Courts shall take judicial notice-
(a) of the signature of any person who holds or has held in any State or
Territory the office of Governor, Judge of the Supreme Court, Prothonotary,
Master Registrar or Chief Clerk of the Supreme Court, Judge or Commissioner of
any Court of Bankruptcy or Insolvency, Curator of Intestate Estates,
Commissioner of Titles, Registrar of Titles, Assistant or Deputy Registrar of
Titles, Registrar-General, Assistant or Deputy Registrar-General, Government
Statist, Assistant or Deputy Government Statist, Judge or Presiding Magistrate
of any County Court or District or Local Court or Court of Mines, Chairman of
any Court of General or Quarter Sessions, or Police or Stipendiary or Special
Magistrate or Justice of the Peace, or any office corresponding to any of the
aforesaid offices, or any office to which the Governor-General may by Order
published in the Gazette declare this section to apply; and
(b) of the seal of every such Court or person;
if such signature or seal purports to be attached or appended to any decree,
order, certificate, or other judicial or official document.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 6.
Heading substituted by No. 54, 1964, s. 7.
SECT
PART III-PROOF OF CERTAIN INSTRUMENTS
Proof of proclamations, commissions, orders and regulations.
Sub-section (1) amended by No. 15, 1928, ss. 3 and 8; and No. 54, 1964, s. 5.
6. (1) Evidence of any proclamation, commission, order, or regulation issued
by the Governor of a State, or by or under the authority of any Minister of
the Crown for a State, or evidence of any proclamation, commission or order
issued by the Governor-General, or by a Minister or authority, under the laws
of a Territory, may be given in all Courts-
(a) by the production of the Government Gazette of the State or Territory
purporting to contain the same; or
(b) by the production of a document purporting to be a copy thereof, and
purporting to be printed by the Government Printer of the State or Territory,
or by the authority of the Government of the State or Territory; or
(c) by the production (in the case of any proclamation, commission, order,
or regulation issued by the Governor of a State) of a copy or extract
purporting to be certified to be true by the Clerk of the Executive Council of
the State; or
(ca) by the production (in the case of any proclamation, commission or order
issued by the Governor-General) of a copy or extract purporting to be
certified to be true by any Minister; or
(d) by the production (in the case of any proclamation, commission, order,
or regulation issued by or under the authority of any Minister of the Crown
for a State) of a copy or extract purporting to be certified to be true by any
Minister of the Crown for the State; or
(e) by the production (in the case of any proclamation, commission or order
issued by a Minister or authority under the laws of a Territory) of a copy or
extract purporting to be certified to be true by any Minister.
(2) No proof shall be required of the handwriting or official position of
any person certifying in pursuance of this section.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 7.
Proof of proclamations and acts of State or Territory.
SECT
Amended by No. 15, 1928, ss. 3 and 9.
7. Evidence of any proclamation or other act of state of any State or
Territory may be given in all Courts by the production of a copy thereof
either-
(a) proved to be an examined copy thereof, or
(b) purporting to be sealed with the seal of that State or Territory.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 8.
Proof of certain public documents.
SECT
Amended by No. 15, 1928, ss. 3 and 10.
8. Whenever by any State Act at any time in force in any State, or by any
law of a Territory at any time in force in any Territory-
(a) any public document; or
(b) any record required by law to be kept of any public document or
proceeding; or
(c) any certified copy of any public document or by-law or of any entry in
any public register or book
is admissible in evidence for any purpose in that State or Territory, it shall
be admitted in evidence to the same extent and for the same purposes, in all
Courts if it purports to be sealed or impressed with a stamp, or sealed and
signed, or signed alone, or impressed with a stamp and signed, as directed by
such State Act or law of a Territory, without any proof of such seal stamp or
signature or of the official character of the person appearing to have signed
the same, and without any further proof thereof in every case in which the
original document could have been received in evidence.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 9.
Public document admissible in any State or Territory without proof to be
admissible in all Courts.
SECT
Amended by No. 15, 1928, ss. 3 and 11.
9. Any public document which by any law at any time in force in any State or
Territory is admissible in evidence for any purpose in any Court of that State
or Territory without proof of-
(a) the seal or stamp or signature authenticating the same, or
(b) the judicial or official character of the person appearing to have
signed the same,
shall be admissible in evidence to the same extent and for the same purposes
in all Courts without such proof.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 10.
Proof of public books and documents of States or Territories.
SECT
Amended by No. 15, 1928, ss. 3 and 12.
10. Whenever any book or other document of any State or Territory is of such
a public nature as to be admissible in evidence in that State or Territory on
its mere production from the proper custody, any copy thereof or extract
therefrom shall be admissible in evidence in all Courts if-
(a) it is proved to be an examined copy or extract; or
(b) it purports to be signed and certified as a true copy or extract by
some officer of that State or Territory, who shall further certify that he is
the officer to whose custody the original is trusted.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 11.
Proof of Votes and Proceedings of State Parliaments.
SECT
Sub-section (1) amended by No. 15, 1928, s. 3.
11. (1) All copies of the Votes and Proceedings of either House of the
Parliament of any State, if purporting to be printed by the Government Printer
of that State, shall on the mere production of the same be admitted as
evidence thereof in all Courts.
(2) In this section ''Votes and Proceedings'' shall be deemed to include
Journals and Minutes, and any papers purporting to be printed by the authority
of and to be laid before either House of the Parliament of a State.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 12.
Heading substituted by No. 54, 1964, s. 7.
SECT
PART IV-PROOF OF CERTAIN MATTERS
Proof of Government Gazette of State or Territory.
Amended by No. 15, 1928, ss. 3 and 13.
12. The mere production of a paper purporting to be the Government Gazette
of a State or Territory shall in all Courts be evidence that such paper is
such Government Gazette and was published on the day on which it bears date.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 13.
Proof of printing by Government Printer of State or Territory.
SECT
Amended by No. 15, 1928, ss. 3 and 14.
13. The mere production of a paper purporting to be printed by the
Government Printer of a State or Territory or by the authority of the
Government of a State or Territory shall in all Courts be evidence that such
paper was printed by such Government Printer or by such authority.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 14.
Proof of act done by Governor or Minister of a State.
SECT
Amended by No. 15, 1928, s. 3.
14. Where by any law at any time in force the Governor of a State or a
Minister of the Crown for a State is authorized or empowered to do any act
whatsoever, production of the Government Gazette of the State purporting to
contain a copy or notification of any such act shall in all Courts be evidence
of such act having been duly done.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 14A.
Proof of act done by the Governor-General, &c.
SECT
Inserted by No. 15, 1928, s. 15.
14A. Where, by any law at any time in force in a Territory, the
Governor-General, the Minister, or an authority of the Territory is empowered
to do any act whatsoever, production of the Government Gazette of the
Territory purporting to contain a copy or notification of any such act shall,
in all Courts, be evidence of such act having been duly done.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 15.
By-laws and regulations under State Acts.
SECT
Amended by No. 15, 1928, s. 3.
15. Where, by any State Act, power to make by-laws or regulations is
conferred upon any person or body, any printed paper purporting to be such
by-laws or regulations, and to be printed by the Government Printer of the
State, or by the authority of the Government of the State, shall in all Courts
be evidence-
(a) that by-laws or regulations in the words printed in such paper were
duly made by such person or body; and
(b) that such by-laws or regulations have been approved of or confirmed by
the Governor of the State, if they appear by such paper to have been so
approved of or confirmed.
Section 15A repealed by No. 54, 1964, s. 6.
* * * * * * * *
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 16.
Proof of incorporation of company.
SECT
Sub-section (1) amended by No. 15, 1928, ss. 3 and 17.
16. (1) All Courts shall admit as evidence of the incorporation of a company
incorporated or registered in any State or Territory a certificate of the
incorporation or registration thereof which purports to be signed by the
Registrar or an Assistant or Deputy-Registrar of companies in that State or
Territory, and the date of incorporation or registration mentioned in such
certificate shall be evidence of the date on which the company was
incorporated or registered.
Amended by No. 15, 1928, ss. 3 and 17.
(2) Any copy of or extract from any document kept and registered at the
office for the registration of companies in any State or Territory, if
certified under the hand of the Registrar or an Assistant or Deputy-Registrar,
shall in all Courts be admissible in evidence in all cases in which the
original document is admissible in evidence and for the same purposes and to
the same extent.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 17.
Heading substituted by No. 54, 1964, s. 7.
SECT
PART V-PROOF OF JUDICIAL PROCEEDINGS
Proof of judicial proceedings of State or Territorial Court.
Amended by No. 15, 1928, ss. 3 and 18.
17. Evidence of any judgment decree rule order or other judicial proceeding
of any Court of a State or Territory, including any affidavit pleading or
other legal document filed or deposited in any such Court, may be given in all
Courts by the production of a copy thereof-
(a) proved to be an examined copy thereof; or
(b) purporting to be sealed with the seal of such Court; or
(c) purporting to be signed by a Judge of such Court with a statement in
writing attached by him to his signature that such Court has no seal and
without proof of his judicial character or of the truth of such statement.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 18.
Heading substituted by No. 54, 1964, s. 7.
SECT
PART VI-MISCELLANEOUS
Faith and credit to be given to documents properly authenticated.
Amended by No. 15, 1928, ss. 3 and 19.
18. All public acts records and judicial proceedings of any State or
Territory, if proved or authenticated as required by this Act, shall have such
faith and credit given to them in every Court and public office as they have
by law or usage in the Courts and public offices of the State or Territory
from whence they are taken.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT. 19.
This Act not to derogate from existing powers.
SECT
Amended by No. 15, 1928, s. 20.
19. The provisions of this Act shall be in addition to and not in derogation
of any powers existing at common law, or given by any law at any time in force
in any State or Territory.
------------------------------------------------------------------------------
--
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - NOTE
NOTE
1. The State and Territorial Laws and Records Recognition Act 1901-1973
comprises the State Laws and Records Recognition Act 1901 as amended by the
other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
State Laws and Records
Recognition Act 1901 No. 5, 1901 5 Sept 1901 5 Sept 1901
State and Territorial
Laws and Records
Recognition Act 1928 No. 15, 1928 22 June 1928 22 June 1928
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
State and Territorial
Laws and Records
Recognition Act 1964 No. 54, 1964 30 May 1964 27 June 1964
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------