QLDIn ForceAct
Land Act 1994
sec.431BEvidentiary provisions
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### sec.431B Evidentiary provisions
The appointment or power of the chief executive, the registrar of titles or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of—
the appointment; or
the power to do anything under this Act.
A signature purporting to be the signature of the Minister, the chief executive or an authorised officer is evidence of the signature it purports to be.
A certificate purporting to be signed by the Minister stating any of the following matters is evidence of the matter—
that land is or was, at a time or day mentioned in the complaint, a deed of grant in trust or non-freehold land;
that, for a deed of grant in trust or non-freehold land, a person, at a time or day mentioned in the certificate—
occupied or lived on it; or
enclosed it; or
built, placed or maintained any structure, improvement, work or thing on it; or
cleared, dug up or cultivated it; or
depastured stock or caused stock to be depastured on it.
In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.
s 431B (prev s 447) amd 2003 No. 10 s 76 sch
renum and reloc 2003 No. 10 s 76 sch
amd 2019 No. 7 s 313 s ch 1 pt 1 ; 2021 No. 12 s 148 sch 3
(sec.431B-ssec.1) The appointment or power of the chief executive, the registrar of titles or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of— the appointment; or the power to do anything under this Act.
(sec.431B-ssec.2) A signature purporting to be the signature of the Minister, the chief executive or an authorised officer is evidence of the signature it purports to be.
(sec.431B-ssec.3) A certificate purporting to be signed by the Minister stating any of the following matters is evidence of the matter— that land is or was, at a time or day mentioned in the complaint, a deed of grant in trust or non-freehold land; that, for a deed of grant in trust or non-freehold land, a person, at a time or day mentioned in the certificate— occupied or lived on it; or enclosed it; or built, placed or maintained any structure, improvement, work or thing on it; or cleared, dug up or cultivated it; or depastured stock or caused stock to be depastured on it.
(sec.431B-ssec.4) In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.
- (a) the appointment; or
- (b) the power to do anything under this Act.
- (a) that land is or was, at a time or day mentioned in the complaint, a deed of grant in trust or non-freehold land;
- (b) that, for a deed of grant in trust or non-freehold land, a person, at a time or day mentioned in the certificate— (i) occupied or lived on it; or (ii) enclosed it; or (iii) built, placed or maintained any structure, improvement, work or thing on it; or (iv) cleared, dug up or cultivated it; or (v) depastured stock or caused stock to be depastured on it.
- (i) occupied or lived on it; or
- (ii) enclosed it; or
- (iii) built, placed or maintained any structure, improvement, work or thing on it; or
- (iv) cleared, dug up or cultivated it; or
- (v) depastured stock or caused stock to be depastured on it.
- (i) occupied or lived on it; or
- (ii) enclosed it; or
- (iii) built, placed or maintained any structure, improvement, work or thing on it; or
- (iv) cleared, dug up or cultivated it; or
- (v) depastured stock or caused stock to be depastured on it.