45Presumption of validity of certain instruments

45 Presumption of validity of certain instruments

45 Presumption of validity of certain instruments

(1) It shall be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of an instrument have been complied with and performed.

(2) In this section—

instrument means—

(a) an instrument—

(i) that is made by the Governor, or

(ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or

(b) a rule of court, or

(c) an environmental planning instrument,

being an instrument or rule of court that is required by law to be published on the NSW legislation website or in the Gazette.

s 45: Am 2005 No 43, Sch 7.7 [4]; 2006 No 43, Sch 1 [10].