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©State of Queensland
QUEENSLAND
THE EVIDENCE (ATTESTAnON OF DOCUMENTS) ACTS, 8937 TO 1956)
[Reprinted as at 1 March, 19801
Evidence (Attestation of Docume~nts) Act of "a3'7, 1 Geo. 6 No. 24 As amended by
Evidence (Attestation of Dscnmeats) Act Amendment Act of 1950, 14 Geo. 6 No. 5
An Act relating to the Attestation of Documents outside the State of Queensland
[Assented to 19 November 19371 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:-
41. Short title. This Act may be cited as ' T h e Evidence (Attestation of Documents) Act of 1937.'9
Collective title conferred by Act of 1950, 14 Ceo. 6 No. 5, s. 1.
2. (I) Construction of Act. This Act shall be read as one with " The Evidence Act of 1898."
(2) This Act to come into operation on a prodaimed date, This Act shall come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette.
Commenced 5 November 1938 (Proc. pubd. Gaz. 5 November 1938, p. 1957).
3. Attestation, etc, of documents outside the Slate. Notwithstanding any Act or law or rule or process of Iaw to the contrary, where by any Act of this State, o r by any Order in Council, regulation, nmle, or by-law made pursuant to any Act of this State, any document is required, authorised, or permitted to be attested or verified by or signed or sealed or sworn or acknowledged before a justice of the peace of this State, it shall be sufficient for all purposes if such document is attested or verified or signed or sealed or sworn or acknowledged in any part of His Majesty's Dominions outside of this State by or before a justice of the peace for that part of His Majesty's Dominions, and all courts and persons acting judicially shall take judicial and official notice of the signature of any justice of the peace in any such part of His Majesty's Dominions when such signature is attached or appended to any such document and the place where such signature was so attached or appended purports to be shown.
2 ss. 3 ~ , 4 EVIDENCE, ETC., ACTS, 1937 TO 1950
3 ~ . (1) When Governor in Council may extend application of this Act.
Where the Governor in Council is satisfied-
(a) Tlzat the provisions of this Act have ceased to apply in respect of any country outside of this State to which this Act applied when it was passed; and
(b) That it is desirable that this Act should continue to apply in respect of that country,
the Governor in Council may by Proclamation declare that this Act shall to apply in respect of that country.
(2) The Governor in Council may further declare in the Proclama- tion continuing the application of this Act in respect of a country that an office under the Government of that country narned by him in that Proclamation shall, for the purposes of this Act, be equivalent to the office of a justice of the peace for Queensland.
(3) The Governor in Council may at any time and from time to time revoke, amend, o r otherwise modify any and every Proclamation made by him under this section.
(4) Notwithstanding any Act or law or rule or process of law to the contrary, where by any Act of this State, or by any Order in Council, regulation, rule, o r by-law made pursuant to any Act of this State, any document is required, authorised, or permitted to be attested or verified by or signed or sealed or sworn or acknowledged before a justice of the peace for this State, it shall be sufficient for all purposes if such document is attested or verified or signed or sealed or sworn or acknowledged in any country named in a Proclamation made under this section by or before any holder of the office under the Government of that country declared by that Proclamation to be, for the purposes of this Act, equivalent to the ofice of a justice of the peace for Queensland.
All courts and persons acting judicially shall take judicial and official notice of any Proclamation made under this section, and of the signature of any holder of an office under the Government of a country declared by such Proclamation to be, for the purposes of this Act, equivalent to the office of a justice 01 the peace for Queensland when that signature is attached or appended to any such document and the place where such signature was so attached o r appended purports to be shown.
Inserted by Act of 1950, 14 Geo. 6 No. 5, s. 2.
4. Application of Act. The provisions.of this Act shall be in aid of and not in derogation of any Act or law regarding the attestation o r verification or signature or sealing or swearing or acknowledgement of documents.
And for the purpose of this Act the term " document " shall, without in any wise limiting the generality of its meaning, include an instrument under " The Real Property Acts, 1861 to 1887 " (or any Act amending or in substitution for such Acts).
6 0 0 9 k B y Authority: S . R. HAMPSON, Government Printer, Queensland
