25DEffect of death certificate

#### 25D Effect of death certificate (1) A death certificate is evidence, in all courts and before all persons acting judicially, of the death of the member of the Defence Force named in the death certificate, on the date specified as: (a) the date on which the member died; or (b) the date on or after which the member died; or (c) the date on or before which the member died; or (d) the date on which the member became missing and was, for official purposes, presumed to be dead. (2) A court or a person acting judicially must, in relation to a death certificate, take judicial notice of the signature of a competent authority and of the fact that he or she is, or has been, a competent authority. (3) Subregulation (4) applies if: (a) a competent authority has issued a death certificate in relation to a member of the Defence Force; and (b) the death certificate is in effect; and (c) a second person presumes that the member died in accordance with the date specified in the death certificate; and (d) the second person acts in good faith on the presumption and pays money or transfers property to a third person; and (e) the third person is entitled to receive the money or property on the assumption that the member died or is presumed to be dead. (4) For subregulation (3): (a) the second person obtains a good discharge in respect of the money or property; and (b) if the member is, in fact, alive on or after the date specified in the death certificate, the second person is not subject to any civil or criminal liability, in connection with the money or property, to which the second person would not have been subject if the member had died in accordance with the death certificate.