STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901
(#DATE 17:01:1990)
*1*The State and Territorial Laws and Records Recognition Act 1901 as shown in
this reprint comprises Act No. 5, 1901 amended as indicated in the Tables
below. The State and Territorial Laws and Records Recognition Act 1901 was
modified by the A.C.T. Self-Government (Consequential Provisions) Regulations
as amended. (See Note 2.)
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisons
State Laws and Records Recognition Act 1901
5, 1901 5 Sept 1901 5 Sept 1901
State and Territorial Laws and Records Recognition Act 1928
15, 1928 22 June 1928 22 June 1928 -
Statute Law Revision Act 1950
80, 1950 16 Dec 1950 31 Dec 1950 Ss. 16 and 17
State and Territorial Laws and Records Recognition Act 1964
54, 1964 30 May 1964 27 June 1964 -
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
Law and Justice Legislation Amendment Act 1989
11, 1990 17 Jan 1990 Parts 1 and 3 (ss.1, 2, 6 -
and 7): Royal Assent
Ss. 8-10: 17 July 1990
Ss. 12, 13, 15 (1) (b) and
51 (2): 17 Jan 1990 (see s.
2 (5))
Remainder: 14 Feb 1990
______________________________________________________________________________
__ Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected
How affected
Title
am. No. 15, 1928
Heading to Part I
rs. No. 54, 1964
S. 1
am. No. 15, 1928
S. 1A
ad. No. 54, 1964
rep. No. 216, 1973
S. 2
am. No. 15, 1928; No. 80, 1950; No. 54, 1964; No. 216, 1973; No. 11,
1990
Heading to Part II
rs. No. 54, 1964
S. 3
am. No. 15, 1928
rs. No. 54, 1964
Ss. 4, 5
am. No. 15, 1928
Heading to Part III
rs. No. 54, 1964
S. 6
am. No. 15, 1928; No. 54, 1964; No. 11, 1990
Ss. 7-10
am. No. 15, 1928
S. 11
am. No. 15, 1928; No. 11, 1990
S. 11A
ad. No. 11, 1990
Heading to Part IV
rs. No. 54, 1964
Ss. 12-14
am. No. 15, 1928
S. 14A
ad. No. 15, 1928
am. No. 11, 1990
S. 15
am. No. 15, 1928
S. 15A
ad. No. 15, 1928
rep. No. 54, 1964
S. 16
am. No. 15, 1928
Heading to Part V
rs. No. 54, 1964
S. 17
am. No. 15, 1928
Heading to Part VI
rs. No. 54, 1964
S. 18
am. No. 15, 1928
S. 19
am. No. 15, 1928
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Interpretation
PART II-JUDICIAL NOTICE
3. State Acts to be judicially noticed
4. Seals of States and Territories to be judicially noticed
5. Certain signatures etc. 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 etc.
11A. Proof of Minutes of Proceedings of Territorial Assemblies
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 Governor-General etc.
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 - LONG TITLE
SECT
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
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - PART I
PART I-PRELIMINARY
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 1
Short title
SECT
1. This Act may be cited as the State and Territorial Laws and Records
Recognition Act 1901.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 2
Interpretation
SECT
2.*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.
'Minister of the Crown' means:
(a) in the case of the Australian Capital Territory-the holder of an office
within the meaning of subsection 39 (1) of the Australian Capital Territory
(Self-Government) Act 1988;
(b) in the case of the Northern Territory-the holder of an office within the
meaning of section 34 of the Northern Territory (Self-Government) Act 1978;
or
(c) in the case of Norfolk Island-the holder of an office within the meaning
of section 12 of the Norfolk Island Act 1979.
*2*Section 2-The State and Territorial Laws and Records Recognition Act 1901
was modified by regulation 2 and Schedule 1 of the A.C.T. Self-Government
(Consequential Provisions) Regulations as amended. The provision of Schedule 1
applicable to the abovementioned Act quoted below is not incorporated in this
reprint.
'Section 2 (definition of Court):
After 'State Act' insert', enactment within the meaning of the Australian
Capital Territory (Self-Government) Act 1988'.'
Regulation 2 of the A.C.T. Self-Government (Consequential Provisions)
Regulations as amended provides as follows:
'These Regulations are to be taken to have commenced on 21 December 1989.'
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - PART II
PART II-JUDICIAL NOTICE
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 3
State Acts to be judicially noticed
SECT
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
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 etc. to be judicially noticed
SECT
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 - PART III
PART III-PROOF OF CERTAIN INSTRUMENTS
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 6
Proof of proclamations, commissions, orders and regulations
SECT
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, order or
regulation issued by the Governor-General, by a Minister, the Administrator or
Executive of a Territory, by or under the authority of a Minister of the Crown
for a Territory or by an 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
(da) by the production (in the case of any proclamation, commission, order
or regulation issued by the Executive of a Territory) of a copy or extract
purporting to be certified to be true by the Secretary (however described) of
the Executive; or
(db) by the production (in the case of any proclamation, commission, order
or regulation issued by the Administrator of a Territory) of a copy or extract
purporting to be certified to be true by the Secretary to the Executive
Council of the Territory; or
(dc) 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 Territory) of a copy or extract purporting to be certified to be true by
any Minister of the Crown for the Territory; 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
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
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
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
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 etc.
SECT
11.(1) All copies of the Votes and Proceedings of either House of the
Parliament of any State or the Legislative Assembly of any Territory, if
purporting to be printed by the Government Printer of that State or Territory,
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 or the
Legislative Assembly of a Territory.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 11A
Proof of Minutes of Proceedings of Territorial Assemblies
SECT
11A. A copy of the Minutes of Proceedings of the Legislative Assembly for
the Australian Capital Territory, the Northern Territory or Norfolk Island is
admissible in evidence if it is certified by:
(a) the Presiding Officer of the Legislative Assembly in the case of the
Australian Capital Territory;
(b) the Clerk of the Legislative Assembly in the case of the Northern
Territory;
(c) the President or Deputy President of the Legislative Assembly in the
case of Norfolk Island; or
(d) the officer of the Legislative Assembly responsible for keeping the
Minutes;
to be a true copy of those Minutes.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - PART IV
PART IV-PROOF OF CERTAIN MATTERS
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 12
Proof of Government Gazette of State or Territory
SECT
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
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
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 Governor-General etc.
SECT
14A. Where, by any law at any time in force in a Territory, the
Governor-General, the Minister, the Administrator of the Territory, a Minister
of the Crown for the Territory or an authority of the Territory is empowered
or authorised 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
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.
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 16
Proof of incorporation of company
SECT
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.
(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 - PART V
PART V-PROOF OF JUDICIAL PROCEEDINGS
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 17
Proof of judicial proceedings of State or Territorial Court
SECT
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 - PART VI
PART VI-MISCELLANEOUS
STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901 - SECT 18
Faith and credit to be given to documents properly authenticated
SECT
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
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.