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Evidence (National Uniform Legislation) Act 2011
150Seals and signatures
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150 Seals and signatures
(1) If the imprint of a seal appears on a document and purports to be
the imprint of:
(a) the Public Seal of the Territory; or
(b) a Royal Great Seal; or
(c) the Great Seal of Australia; or
(d) another seal of the Commonwealth; or
(e) a seal of a State, another Territory or a foreign country; or
Evidence (National Uniform Legislation) Act 2011 95
(f) the seal of a body (including a court or a tribunal), or a body
corporate, established by or under Royal Charter or by an
Australian law or the law of a foreign country;
it is presumed, unless the contrary is proved, that the imprint is the
imprint of that seal, and the document was duly sealed as it
purports to have been sealed.
The Commonwealth Act has a different subsection (1).
(2) If the imprint of a seal appears on a document and purports to be
the imprint of the seal of an office holder, it is presumed, unless the
contrary is proved, that:
(a) the imprint is the imprint of that seal; and
(b) the document was duly sealed by the office holder acting in
his or her official capacity; and
(c) the office holder held the relevant office when the document
was sealed.
(3) If a document purports to have been signed by an office holder in
his or her official capacity, it is presumed, unless the contrary is
proved, that:
(a) the document was signed by the office holder acting in that
capacity; and
(b) the office holder held the relevant office when the document
was signed.
office holder means:
(a) the Sovereign; or
(b) the Governor-General; or
(c) the Governor of a State; or
(d) the Administrator of a Territory; or
(e) a person holding any other office under an Australian law or a
law of a foreign country.
Evidence (National Uniform Legislation) Act 2011 96
(5) This section extends to documents sealed, and documents signed,
before the commencement of this section.
Notes for section 150
1 Section 5 of the Commonwealth Act extends the operation of this section of
the Commonwealth Act to proceedings in all Australian courts.
2 Australian law is defined in the Dictionary.
151 Seals of bodies established under State law
Note for section 151
The Commonwealth Act includes a provision dealing with certain seals of bodies
established by Royal Charter or a law of a State.