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EVIDENCE ACT 1977 - SECT 48
Proof of particular instruments
48 Proof of particular instruments
(1) This section applies to an instrument made— (a) by the Governor or
Governor in Council; or
(b) by or under the authority of a Minister or of a
public entity.
(2) Evidence of the instrument may be given by producing any
of the following documents— (a) the gazette purporting to contain it;
(b) a
document purporting to be a copy of it and purporting to be printed by or
under the authority of the government printer;
(c) for an instrument made by
the Governor or Governor in Council—a copy or extract purporting to be
certified as a true copy or extract by the clerk of the Executive Council;
(d) for an instrument made by or under the authority of a Minister—a copy or
extract purporting to be certified as a true copy or extract by a Minister.
(3) If the document states any of the following matters about the instrument,
the document is evidence of the matter— (a) who made it, or under whose
authority it was made;
(b) when it was made;
(c) how it, or notice of its
making, was published, and when;
(d) when it was tabled in the Legislative
Assembly.
(4) In this section—
"made" means made, approved, confirmed or otherwise consented to.
"public entity" means an agency, authority, commission, corporation,
instrumentality, office, or other entity, established under an Act or under
State authorisation for a public or State purpose.
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