37Certificates attached to foreign public documents

37 Certificates attached to foreign public documents

(1) This section applies in relation to a foreign public document that has placed on it or annexed to it a certificate issued under the Convention. (2) In a proceeding in any Australian court, and for the purposes of any person performing a function or exercising a power under an Australian law, the certificate is evidence of: (a) the authenticity of the signature on the foreign public document; and (b) the capacity in which the person signing the foreign public document has acted; and (c) where appropriate, the identity of the seal or stamp that the foreign public document bears. (3) Subject to section 39, an Australian court, or a person performing a function or exercising a power under an Australian law, must not require any formality other than the certificate in order to certify: (a) the authenticity of the signature on the foreign public document; and (b) the capacity in which the person signing the foreign public document has acted; and (c) where appropriate, the identity of the seal or stamp that the foreign public document bears.