Western Australian Consolidated Acts

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ENERGY OPERATORS (POWERS) ACT 1979 - SECT 88

88 .         Evidence of documents issued by an energy operator

        (1)         All documents whatever purporting to be issued or written by or under the direction of an energy operator and purporting to be signed by, or to bear the facsimile signature of a director or the chief executive officer of the energy operator shall in all courts, and before all persons acting judicially within the State, on production by any person be deemed to have been issued or written by or under the direction of the energy operator and so signed until evidence to the contrary is shown.

        (2)         In all proceedings in which the publication or service, or the content of, any notice, order, or other document required or authorised to be published or served under this Act has to be proved, then, until evidence to the contrary is shown, the document and its due publication or service may be sufficiently proved by the production of a purported copy bearing a certificate under the hand of the chief executive officer of the energy operator that the copy is a true copy of the original and that the original was published or served in the manner specified in that certificate.

        (3)         The validity of any such notice, order, or other document or of its publication or service is not affected by any error, misdescription, or irregularity therein which is not misleading in a material particular.

        [Section 88 amended by No. 101 of 1981 s. 20; No. 24 of 1986 s. 35 and 42; No. 89 of 1994 s. 33, 39 and 41; No. 58 of 1999 s. 83(1) and (3).]

[ 89-96.         Deleted by No. 89 of 1994 s. 34.]

[ 97.         Deleted by No. 60 of 1994 s. 13.]

[ 98-102.         Deleted by No. 89 of 1994 s. 34.]

[ 103.         Deleted by No. 98 of 1985 s. 3.]

[ 104-108.         Deleted by No. 89 of 1994 s. 34.]

[ 109.         Deleted by No. 101 of 1981 s. 31.]

[ 110-114.         Deleted by No. 89 of 1994 s. 34.]

[ 115-118.         Deleted by No. 98 of 1985 s. 3.]

[ 119.         Deleted by No. 89 of 1994 s. 34.]

[ 119A.         Deleted by No. 126 of 1987 s. 121.]



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