Criminal Law (Historical Homosexual Convictions Expungement) Act 2017
sec.37Evidentiary provisions
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sec.37 Evidentiary provisions
This section applies to a proceeding under this Act. The appointment or power of the chief executive must be presumed unless a party to the proceeding, by reasonable notice, requires proof of— the appointment; or the power to do anything under this Act. A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be. A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— that a conviction or charge of a stated eligible person for a stated eligible offence was or was not expunged under this Act; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated request was made of a stated person or entity. In a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter. (sec.37-ssec.1) This section applies to a proceeding under this Act. (sec.37-ssec.2) The appointment or power of the chief executive must be presumed unless a party to the proceeding, by reasonable notice, requires proof of— the appointment; or the power to do anything under this Act. (sec.37-ssec.3) A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be. (sec.37-ssec.4) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— that a conviction or charge of a stated eligible person for a stated eligible offence was or was not expunged under this Act; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated request was made of a stated person or entity. (sec.37-ssec.5) In a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.
- (a) the appointment; or
- (b) the power to do anything under this Act.
- (a) that a conviction or charge of a stated eligible person for a stated eligible offence was or was not expunged under this Act;
- (b) on a stated day, a stated person was given a stated notice under this Act;
- (c) on a stated day, a stated request was made of a stated person or entity.