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Adoption Act 2009
sec.312Evidentiary provisions for proceedings under this Act
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### sec.312 Evidentiary provisions for proceedings under this Act
This section applies to a proceeding under this Act.
A signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be—
the chief executive;
an authorised officer for another State under section 42 ;
another officer of a jurisdiction outside the State corresponding to the chief executive;
the Minister responsible for administering the Immigration (Guardianship of Children) Act 1946 (Cwlth) .
A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—
a stated document is a notice, authorisation or approval given or decision made under this Act;
a stated document is an extract from a register kept under this Act;
a stated document is a copy of a document mentioned in paragraph (a) or (b) ;
on a stated day, a stated person was given a stated notice or approval under this Act;
the identity of a child’s father could not be ascertained after stated reasonable inquiries;
the location of a stated person could not be ascertained after stated reasonable inquiries;
a stated entity is an independent Aboriginal or Torres Strait Islander entity for a particular Aboriginal or Torres Strait Islander child;
a stated individual is an appropriate Aboriginal or Torres Strait Islander person in relation to a particular Aboriginal or Torres Strait Islander child;
another matter prescribed under a regulation.
s 312 amd 2017 No. 44 s 89 ; 2021 No. 6 s 6
(sec.312-ssec.1) This section applies to a proceeding under this Act.
(sec.312-ssec.2) A signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be— the chief executive; an authorised officer for another State under section 42 ; another officer of a jurisdiction outside the State corresponding to the chief executive; the Minister responsible for administering the Immigration (Guardianship of Children) Act 1946 (Cwlth) .
(sec.312-ssec.3) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is a notice, authorisation or approval given or decision made under this Act; a stated document is an extract from a register kept under this Act; a stated document is a copy of a document mentioned in paragraph (a) or (b) ; on a stated day, a stated person was given a stated notice or approval under this Act; the identity of a child’s father could not be ascertained after stated reasonable inquiries; the location of a stated person could not be ascertained after stated reasonable inquiries; a stated entity is an independent Aboriginal or Torres Strait Islander entity for a particular Aboriginal or Torres Strait Islander child; a stated individual is an appropriate Aboriginal or Torres Strait Islander person in relation to a particular Aboriginal or Torres Strait Islander child; another matter prescribed under a regulation.
- (a) the chief executive;
- (b) an authorised officer for another State under section 42 ;
- (c) another officer of a jurisdiction outside the State corresponding to the chief executive;
- (d) the Minister responsible for administering the Immigration (Guardianship of Children) Act 1946 (Cwlth) .
- (a) a stated document is a notice, authorisation or approval given or decision made under this Act;
- (b) a stated document is an extract from a register kept under this Act;
- (c) a stated document is a copy of a document mentioned in paragraph (a) or (b) ;
- (d) on a stated day, a stated person was given a stated notice or approval under this Act;
- (e) the identity of a child’s father could not be ascertained after stated reasonable inquiries;
- (f) the location of a stated person could not be ascertained after stated reasonable inquiries;
- (g) a stated entity is an independent Aboriginal or Torres Strait Islander entity for a particular Aboriginal or Torres Strait Islander child;
- (h) a stated individual is an appropriate Aboriginal or Torres Strait Islander person in relation to a particular Aboriginal or Torres Strait Islander child;
- (i) another matter prescribed under a regulation.