QLDIn ForceAct
Evidence Act 1977
sec.48Proof of particular instruments
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### sec.48 Proof of particular instruments
This section applies to an instrument made—
by the Governor or Governor in Council; or
by or under the authority of a Minister or of a public entity.
Evidence of the instrument may be given by producing any of the following documents—
the gazette purporting to contain it;
a document purporting to be a copy of it and purporting to be printed by or under the authority of the government printer;
for an instrument made by the Governor or Governor in Council—a copy or extract purporting to be certified as a true copy or extract by the clerk of the Executive Council;
for an instrument made by or under the authority of a Minister—a copy or extract purporting to be certified as a true copy or extract by a Minister.
If the document states any of the following matters about the instrument, the document is evidence of the matter—
who made it, or under whose authority it was made;
when it was made;
how it, or notice of its making, was published, and when;
when it was tabled in the Legislative Assembly.
In this section—
made means made, approved, confirmed or otherwise consented to.
public entity means an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose.
s 48 amd 1995 No. 51 s 4 sch
sub 2013 No. 39 s 63
(sec.48-ssec.1) This section applies to an instrument made— by the Governor or Governor in Council; or by or under the authority of a Minister or of a public entity.
(sec.48-ssec.2) Evidence of the instrument may be given by producing any of the following documents— the gazette purporting to contain it; a document purporting to be a copy of it and purporting to be printed by or under the authority of the government printer; for an instrument made by the Governor or Governor in Council—a copy or extract purporting to be certified as a true copy or extract by the clerk of the Executive Council; for an instrument made by or under the authority of a Minister—a copy or extract purporting to be certified as a true copy or extract by a Minister.
(sec.48-ssec.3) If the document states any of the following matters about the instrument, the document is evidence of the matter— who made it, or under whose authority it was made; when it was made; how it, or notice of its making, was published, and when; when it was tabled in the Legislative Assembly.
(sec.48-ssec.4) In this section— made means made, approved, confirmed or otherwise consented to. public entity means an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose.
- (a) by the Governor or Governor in Council; or
- (b) by or under the authority of a Minister or of a public entity.
- (a) the gazette purporting to contain it;
- (b) a document purporting to be a copy of it and purporting to be printed by or under the authority of the government printer;
- (c) for an instrument made by the Governor or Governor in Council—a copy or extract purporting to be certified as a true copy or extract by the clerk of the Executive Council;
- (d) for an instrument made by or under the authority of a Minister—a copy or extract purporting to be certified as a true copy or extract by a Minister.
- (a) who made it, or under whose authority it was made;
- (b) when it was made;
- (c) how it, or notice of its making, was published, and when;
- (d) when it was tabled in the Legislative Assembly.