Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 46A

46A Presumption of accuracy of official copy of Queensland legislation

(1) An official copy of Queensland legislation is, in the absence of evidence to the contrary, taken to correctly show—

(a) for Queensland legislation other than a reprint—the legislation as at the relevant date; or

(b) for a reprint—the law in force included in the reprint as at the relevant date.

(2) The date of assent appearing in an official copy of an Act or a reprint of an Act is, in the absence of evidence to the contrary, evidence of the date of assent.

(3) A statement of any of the following matters appearing in an official copy of subordinate legislation or a reprint of subordinate legislation is, in the absence of evidence to the contrary, evidence of the matter—

(a) when and by whom the subordinate legislation was made;

(b) when and how the subordinate legislation was notified;

(c) when the subordinate legislation was laid before the Legislative Assembly;

(d) that the subordinate legislation was disallowed and the date of the disallowance.

(4) A document purporting to be a copy of, or extract from, an official copy of Queensland legislation is, in the absence of evidence to the contrary, taken to be a correct copy of, or extract from, the official copy.

(5) For an official copy of a reprint authorised under the Legislative Standards Act 1992 , section 10A ,
"extract" from the copy, for subsection (4) , includes a document containing—

(a) 1 or more pages of the copy; and

(b) a page of the copy containing the note mentioned in section 10A (2) of that Act.

(6) In this section—

"made" , for subordinate legislation, means made, approved, confirmed or otherwise consented to.

"relevant date" , for an official copy of Queensland legislation, means—

(a) for an Act as passed, or an agreement or other instrument in or attached to the Act —the day the Act was assented to; or

(b) for subordinate legislation as made, or an agreement or other instrument in or attached to the subordinate legislation—the day the subordinate legislation was made; or

(c) for an agreement or other instrument not mentioned in paragraph (a) or (b) that has not been amended—the day the agreement or other instrument came into the same force of law as an Act or subordinate legislation; or

(d) for a reprint—the day or days, however described or identified in the official copy, for which the law included in the copy is or was the law in force.