Queensland EVIDENCE (ATTESTATION OF DOCUMENTS) ACT 1937 Reprinted as in force on 21 December 1995 (includes amendments up to Act No. 58 of 1995) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning-This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 21 December 1995. The reprint- · shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) · incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made-see List of legislation and List of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to- · update citations and references (pt 4, div 2) · update references (pt 4, div 3) · express gender specific provisions in a way consistent with current drafting practice (s 24) · use standard punctuation consistent with current drafting practice (s27) · relocate marginal or cite notes (s 34) · use aspects of format and printing style consistent with current drafting practice (s 35) · omit provisions that are no longer required (ss 37, 39) · omit the enacting words (s 42A) · number and renumber certain provisions and references (s 43). Also see endnotes for information about- · when provisions commenced · editorial changes made in the reprint including- · table of changed names and titles · table of changed citations and remade laws · table of obsolete and redundant provisions · table of renumbered provisions. Queensland Evidence (Attestation of Documents) Act 1937 Evidence (Attestation of Documents) Act 1937 EVIDENCE (ATTESTATION OF DOCUMENTS) ACT 1937 TABLE OF PROVISIONS Section Page 1 Short title 3 2 Construction of Act 3 3 Attestation etc. of documents outside the State 3 3A When Governor in Council may extend application of this Act 4 4 Application of Act 5 ENDNOTES 1 Index to endnotes 6 2 Date to which amendments incorporated 6 3 Key 7 4 List of legislation 7 5 List of annotations 7 6 Table of changes names and titles 8 7 Table of changed citations and remade laws 8 8 Table of obsolete and redundant provisions 8 9 Table of renumbered provisions 9 EVIDENCE (ATTESTATION OF DOCUMENTS) ACT 1937 [as amended by all amendments that commenced on or before 21 December 1995] An Act relating to the attestation of documents outside the State s 1 Evidence (Attestation of Documents) Act 1937s 3 s 1 Evidence (Attestation of Documents) Act 1937s 3 ÷Short title 1. This Act may be cited as the Evidence (Attestation of Documents) Act 1937. ÷Construction of Act 2. This Act shall be read as one with the Evidence Act 1977. ÷Attestation etc. of documents outside the State 3. Notwithstanding any Act or law or rule or process of law to the contrary, where by any Act, or by any order in council, regulation, rule, or by-law made pursuant to any Act, 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 by sealed or sworn or acknowledged in any part of Her Majesty's Dominions outside of this State by or before a justice of the peace for that part of Her 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 Her 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. s 3A Evidence (Attestation of Documents) Act 1937s 3A s 3A Evidence (Attestation of Documents) Act 1937s 3A ÷When Governor in Council may extend application of this Act 3A.(1) Where the Governor in Council is satisfied- (a) that 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 regulation declare that this Act shall continue to apply in respect of that country. (2) The Governor in Council may further declare in the regulation continuing the application of this Act in respect of a country that an office under the government of that country named by the Governor in Council in that regulation 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, or otherwise modify any and every regulation made by the Governor in Council under this section. (4) Notwithstanding any Act or law or rule or process of law to the contrary, where by any Act, or by any order in council, regulation, rule, or by-law made pursuant to any Act, 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 regulation made under this section by or before any holder of the office under the government of that country declared by that regulation to be, for the purposes of this Act, equivalent to the office of a justice of the peace for Queensland. (5) All courts and persons acting judicially shall take judicial and official notice of any regulation made under this section, and of the signature of any holder of an office under the government of a country declared by such regulation to be, for the purposes of this Act, equivalent to the office of a justice of the peace for Queensland when that signature is attached or appended to any such document and the place where such signature was so attached or appended purports to be shown. s 4 Evidence (Attestation of Documents) Act 1937s 4 s 4 Evidence (Attestation of Documents) Act 1937s 4 ÷Application of Act 4.(1) The provisions of this Act shall be in aid of and not in derogation of any Act or law regarding the attestation or verification or signature or sealing or swearing or acknowledgment of documents. (2) In this Act- "document" includes an instrument under the Land Title Act 1994. Evidence (Attestation of Documents) Act 1937 Evidence (Attestation of Documents) Act 1937 _ENDNOTES ´1 Index to endnotes Page 2 Date to which amendments incorporated 6 3 Key 7 4 List of legislation 7 5 List of annotations 7 6 Table of changed citations and remade laws 8 7 Table of changed names and titles 8 8 Table of obsolete and redundant provisions 8 9 Table of renumbered provisions 9 ´2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 21 December 1995. Future amendments of the Evidence (Attestation of Documents) Act 1937 may be made in accordance with this reprint under the Reprints Act 1992, section 49. ´3 Key Key to abbreviations in list of legislation and annotations AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation ch = chapter prov = provision def = definition pt = part div = division pubd = published exp = expires/expired R[X] = Reprint No.[X] gaz = gazette RA = Reprints Act 1992 hdg = heading reloc = relocated ins = inserted renum = renumbered lap = lapsed rep = repealed notfd = notified s = section om = omitted sch = schedule o in c = order in council sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous ´4 List of legislation Evidence (Attestation of Documents) Act 1937 1 Geo 6 No. 24 date of assent 19 November 1937 commenced on date of assent as amended by- Evidence (Attestation of Documents) Act Amendment Act 1950 14 Geo 6 No. 5 date of assent 5 October 1950 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1-2, 4 sch 2 date of assent 28 November 1995 commenced on date of assent ´5 List of annotations Construction of Act s 2 amd 1995 No. 58 s 4 sch 2; R1 (see RA s 37) When Governor in Council may extend application of this Act s 3A ins 1950 14 Geo 6 No. 5 s 2 amd 1995 No. 58 s 4 sch 2 ´6 Table of changes names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision His Majesty's Her Majesty's Acts Interpretation Act 1954 s 52(3)(a) ´7 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Real Property Act 1861 La nd Title Act 1994 Land Title Act 1994 s 207 ´8 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant references to Queensland implied Acts Interpretation Act 1954 s 35 references included in citation of law Act s Interpretation Act 1954 s 14H ´9 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 3A(4), 2nd sentence 3A(5) 4, 1st sentence 4(1) 4, 2nd sentence 4(2)