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©State of Queensland
THE
AUSTRALIAN CONSULAR OFFICERS' NOTARIAL POWERS AND EVIDENCE ACTS,
1946 TO 1963
[Reprinted as at 1 August, 1981]
Australian Consular Officers' Notarial Powers and Evidence Act of 1946, 10 Geo. 6 No. 43
As amended by
Australian Consular Officers' Notarial Powers and Evidence Act Amendment Act of 1949, 13 Geo. 6 No. 57
Australian CODSuiar Officers' Notarial Powers and Evidence Acts Amendment Act of 1953, 2 Eliz. 2 No. 14
Australian Consular Officers' Notarial Powers and Evidence Acts Amendment Act of 1963, No. 16.
An Act to Enable Australian Consular Officers to Perform out of Australia Notarial Acts and Other Matters and Things for the Purpose of any Court or Matter in Queensland, and for that purpose to Amend various Acts in certain particulars
[Assented to 28 November, 1946]
BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title. This Act maybe cited as " The Australian Consular Officers' Notarial Powers and Evidence Act of 1946."
(2) Commencement of Act. This Act shall come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette.
(3) Notwithstanding the provisions of subsection (2) of this section this Act-
(a) Shall be deemed to have come into operation as if the Governor in Council had by Proclamation published in the Gazette on the twenty-eighth day of November, one thousand nine hundred and forty-six, proclaimed this Act to have come into operation on that date; and
(b) Shall operate retrospectively and is hereby ratified accordingly.
2 THE AUSTRALIAN CONSULAR OFFICERS' NOTARIAL POWERS AND EVIDENCE ACTS, 1946 TO 1963
(4) "'The AusIJ:a1iall LfonsNfilr Officers' Notarial Powers andEvidence Act Amendment Act of1949," and" The Australian Consular Officers' Notarial Powers and Evidence Acts Amendment Act of 1953," shall be read and construed as if the provisions ofsubsectiol1 (3) of this section had been enacted originally in the Principal Act and in particular the retrospective provisions of those amending Acts shall be read and construed accordingly.
As amended by Act of 1963, No. 16 s. 2.
Collective title conferred by Act of 1963, No. 16, s. 1.
2. Interpretation. In this Act, unless the context otherwise requires, the following terms have the Ineanings set against them respectively, that is to say:-
"Affidavit"~Includesany statutory or other declaration, affirma- tion, acknowledgment, or examination;
"Australian Consular Officer"-A person appointed to hold or act in any of the following offices (being an office of the Commonwealth of Australia) in a country or place outside Australia : -
(a) Ambassador;
(b) High Commissioner;
(c) Minister;
(d) Head of Mission ; (e) Conlmissioner;
(f) Charge d'Affaires;
(g) Counsellor or Secretary at an Emtassy, High COll1111is-
sioner's Office, Legation or other post;
(h)Consul General;
(i)Consul;
(j) Vice-Consul;
(k) Trade COIl11nissioner; and (J) Consular A~gent;
" Court"-Includes any court, judge, nlagistrate, or justice, and any arbitrator or person having authority by law or by consent of parties to hear, receive, and examine evidence;
.. , Notarial act "-The expression" notarial act" includes any act, matter, or thing which in Queensland or elsewhere a notary Pllblic can attest or verify or otherwise do by or under any Act of Parlianlent, custom, or otherwise for the purpose of being used in Queensland.
As amended by Act of 1949, 13 Oeo. 6 No. 57, s. 2; Act of 1953, 2 EIiz. 2 No. 14, p. 2.
3. Powers of Australian Consular Officer. (1) Where any oath, affidavit, or notarial act is required for the purpose of any court or matter in Queensland, any such oath or affidavit, and any such notarial act which, if done in the United Kingdom of Great Britain and Northern Ireland, a notary public coulddo may, in any country or place outside the Common- wealth of Allstralia, be made, sworn, and done by or before an Australian Consular Officer exercising his functions in that cOulltry or place; and every such oath, affidavit, and notarial act made, sworn, or done by or before any such Australian Consular Officer shall be as effectual as if duly made, sworn, or done before any lawful authority in Queensland.
(2) Any document required, authorised, or permitted by any Act or law of this State to be attested, or verified by, or sealed, or signed, or acknowledged or declared before a justice of the peace of this State may, in any country or place outside the COlnmonwealth of Australia, be attested, or verified, or sealed, or signed, or acknowledged or declared by or before an Australian Consular Officer exercising his functions in that country or place; and every document attested or verified by, or sealed, or signed, or acknowledged or declared before any such Australian Consular Officer shall be as effectual as if duly attested, or verified by, or sealed, or sworn, or acknowledged or declared before a justice of the peace in Queensland.
(3) Any document purporting to have affixed, inlpressed, or subscribed thereon or thereto the seal or sigllature or seal and signature of an Australian Consular Officer in testi.mony of any oath, affidavit, or notarial act being made, taken, or done by or before him or of SUCl1 document having been attested or verified by, or sealed, or signed, or ackno\vJedged or declared before him shall be admitted in evidence without proof of the seal or signature or seal and signature of that person, or of his official character.
4. Things required to be done before British Consular Officers may be done before Australian Consular Officers, etc. Where any enactment in force at the commencement of this Act or thereafter in force requires, authorises, or permits any notarial act to be done by, or any oath or affidavit to be made or taken or any document to be sealed or signed or acknowledged or declared before, any person appointed to hold or act in any diplomatic or consular office of the United Kingdon of Great Britain and Northern Ireland, whether that person is in that enactment referred to as British ambassador, envoy, minister, charge d'affaires, secretary of embassy or legation, consul-general, cOnStl}, vice-consul, or consular agent, or by any other title, then the same may be done by Of,
as the case may be, made or taken or sealed or signed or acknowledged or declared before either that person or any Australian Consular Officer and for that purpose every reference in tllat enactment to such person shall be deemed to also include a reference to an Australian Consular Officer within the meaning of this Act.
4 THE AUSTRALIAN CONSULAR OFFICERS' NOTARIAL POWERS AND EVIDENCE ACTS, 1946 TO 1963
For the purposes of this section the term" enactment" includes a provision of any Order in Council, regulation, rule, by-law or other instrument made pursuant to any Act of this State as well as an enactment of the Legislature of this State.
Substituted by Act of 1953, 2 Eliz. 2 No. 14, s. 3.
CONSEQlJENTIAL AMENDMENTS
5. Consequential amendments. Without in anywise limiting the generality of the foregoing provisions of this Act, the following Acts are amended as hereinafter set forth, namely:-
(i) Amended the "Evidence and Disco l'ery Act of 1867", 31 Vic.
No. 13, s. 38.
(ii) Amended tIle "CommonLa~vProcess Act of 1867", 31 Vic. No.
4, s. 24.
(iii) Amended s. 53 of the "Equity Act of1867", 31 Vic. No. 18.
(iv) Amended s. 115 of"Real Property Acts, 1861 to 1942".
(v) Collectively cited the following Acts as:-
(a) "Evidence and Discovery Acts, 1867 to 1946H.:
(b) "Common LalV Process Acts, 1867 to 1946";
(c) "Equity Acts, 1867 to 1946";
(d) "Real Property Acts, 1861 to 1946".
54589-By Authority:S. R.Hampson, Government Printer, Queensland-*1983
