Justices of the Peace and Commissioners for Declarations Act 1991
sec.39Evidentiary provisions
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sec.39 Evidentiary provisions
In any proceedings, a certificate purporting to be signed by the registrar stating that a person named in the certificate— was, or was not, on a date or during a specified period— registered under this Act or under the repealed Act as holding a specified office; or issued with a specified seal or specified registered number; or prohibited under this Act or the repealed Act from acting in a specified office; or being a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or had failed, on or before a date or during a specified period, to notify the registrar of a specified matter; is evidence of the matters stated in the certificate. In any proceedings, a document purporting to be a list published under section 38 is evidence of the matters contained in the document. Judicial notice is to be taken of a notification published in the gazette under this Act. s 39 amd 2010 No. 42 s 126 sch ; 2023 No. 23 s 103 (sec.39-ssec.1) In any proceedings, a certificate purporting to be signed by the registrar stating that a person named in the certificate— was, or was not, on a date or during a specified period— registered under this Act or under the repealed Act as holding a specified office; or issued with a specified seal or specified registered number; or prohibited under this Act or the repealed Act from acting in a specified office; or being a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or had failed, on or before a date or during a specified period, to notify the registrar of a specified matter; is evidence of the matters stated in the certificate. (sec.39-ssec.2) In any proceedings, a document purporting to be a list published under section 38 is evidence of the matters contained in the document. (sec.39-ssec.3) Judicial notice is to be taken of a notification published in the gazette under this Act.
- (a) was, or was not, on a date or during a specified period— (i) registered under this Act or under the repealed Act as holding a specified office; or (ii) issued with a specified seal or specified registered number; or (iii) prohibited under this Act or the repealed Act from acting in a specified office; or (iv) being a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or
- (i) registered under this Act or under the repealed Act as holding a specified office; or
- (ii) issued with a specified seal or specified registered number; or
- (iii) prohibited under this Act or the repealed Act from acting in a specified office; or
- (iv) being a justice of the peace or commissioner for declarations, an insolvent under administration or a person with a stated conviction; or