Evidence Act 1899 (WA)

aBecstern attotrat a.

ANNO SEXAGESIMO TERTIO

VICTORIA] REGI A].

**M*************a******Ma*4:********a**********rn

No. IX.

AN ACT to facilitate the Proof of Acts of the Parliaments of Australasian Colonies and of Judicial and Official Documents, Seals, and Signatures, and for other purposes.

[Assented to, 9th October, 1g99.]

the Legislative Assembly of Western Australia, in this presentBE it enacted by the Queen's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and Parliament assembled, and by the authority of the same, as follows :—

1. THIS Act may for all purposes be cited as the Evidence Short title and

Act, 1899. construction.

2. IN this Act, unless the context otherwise requires Interpretation of

(a.) The expression " Act of Parliament " includes any Act of terms.

Council and Ordinance of the Legislature of any Aus- tralasian Colony ;

63° VICTORI}E, No. 9.

Evidence—Proof of Acts of Parliament, etc.

(b.) The expression " Australasian Colony " means and includes the Colonies (including their respective dependencies) of Fiji, New South -Wales, New Zealand, Queensland, South Australia, Tasmania, and Victoria, and any British possession which may at any time be created within Her Majesty's possessions in Australasia, and the said expression shall also be deemed to include any part of New Zealand during such time as such part con- stituted a separate Colony ;

(c.) The expression " Colony " includes province ;

(d.) The expression "Government Gazette" means the Govern-

ment Gazette, Royal Gazette, or other official gazette of

any Australasian Colony ;

(e.) The expression "Government Printer" means and includes any printer purporting to be the printer authorised to print the Statutes, Ordinances, Acts of State, or other public Acts of the Legislature of any Australasian Colony, or otherwise to be the Government Printer of such Colony ;

(f) The expression "Governor" means the person for the time being administering the Government of any Australasian Colony ; and

(o.) The expression `Votes and Proceedings" shall be deemed to include any papers printed or purporting to be printed by the authority of and laid before or purporting to be laid before any House or Houses of Legislature of ally Australasian Colony.

Australasian	3. ( .) ALL courts and persons acting judicially within Western the extent of its territories, and also of all Acts of Parliament of any Australasian Colony, whether passed before or after the commence- ment of this Act.
Colonies and their	Australia shall take judicial notice of every Australasian Colony and
Acts to be judicially
noticed.

Government ( 2 .) Any paper purporting to be a copy of any Act of

Printer's copies to	Parliament of any Australasian Colony, whether passed before or
facie correct for
be deemed prim&	after the commencement of this Act, and purporting to be printed
certain purposes.	by the Government Printer of such Colony, or as a supplement to the
Government Gazette of such Colony, shall, prima be deemed to
be a correct copy of such Act without any further proof thereof. The date which appears on any such copy purporting to be the day on which such Act received the Royal Assent shall be received for all purposes as evidence of the date of such assent.

63° VICTORLE, No. 9.

Evidence—Proof of Acts of Parliament, etc.

4. ALL courts and persons acting judicially within Western public of

Australia shall take judicial notice of the impression of the public c olonicseals	s
seal of Western Australia and of the public seal of any Australasian Colony without evidence of such seal having been impressed or any other evidence relating thereto.

5.     PRIMA facie, evidence of any Royal Proclamation, Mode of movie

Order of Her Majesty's Privy Council, order, regulation, despatch, RoyanirOchiilons,

Privy

or any instrument whatsoever made or issued before or after the Orders ofRules,	y.	etc
etc .,

commencement of this Act by Her Majesty or by Iler Majesty's of Her Majesty's Privy Council, or by or under the authority of any of Her Majesty's Imymial Govern- Secretaries of State, or of any Department of Her Majesty's Govern-

ment in the United Kingdom may be given before all courts and persons acting judicially within Western Australia by the production

of a copy of the London Gazette or of the Government Gazette purport-

ing to contain a reprint of such Proclamation, Order of the Privy Council, order, regulation, despatch, or other instrument as an extract

from the London Gazette.

6. PRIMAfteie evidence of any Proclamation, Order in Council, Mode of proving Pro-

order, regulation, or other instrument whatsoever made or issued	clamations, Orders in Council, Rules,
before or after the commencement of this Act by the Governor or by	etc., of Governor or
the Governor in Council of any Australasian Colony ; also of any	Ministers of theCrown of Austral.
order, regulation, or instrument whatsoever made or issued before or	asian Colony.
after the commencement of this Act by or under the authority of any responsible Minister of the Crown in any such Colony, or of any public commission or Board, may be given before all courts and persons acting judicially within Western Australia in all or any of the modes hereinafter mentioned (that is to say) :—

(a.) By the production of a copy of the Government Gazette of

such Colony purporting to contain such Proclamation, Order in Council, order, regulation; or other instrument ;

(b.) By the production of a copy of such Proclamation, Order in Council, order, regulation, or instrument purporting to be printed by the Government Printer of such Colony ;

By the production in the case of any Proclamation, Order in Council, order, regulation, or instrument whatsoever made or issued by the Governor, or by the Governor in Council of any Australasian Colony, of a written copy or extract purporting to be certified to by the Clerk of the Execu- tive Council of such Colony, and in the case of any order, regulation, or instrument whatsoever made or issued by or under the authority of any responsible Minister of the Crown by the production of a copy or extract purporting

63° VICTORIJE, No. 9.

Evidence— Proof of Acts of Parliament, etc.

to be certified to be true by the aforesaid Minister or any other responsible Minister of the Crown in such Colony.

No proof shall be required of the handwriting or official position of any person certifying in pursuance of this) section to the truth of any copy of or extract from any Proclamation, Order in Council, order, regulation, or instrument.

Documents admis- 7. EVERY document which by any law now in force or here-

sible in Australasian	after to be in force in any Australasian Colony is or shall be
Colonies without
proof to be equally	admissible in evidence of any particular in any court of justice in
admissible in	such Colony without proof of the seal, or stamp, or signature authenti-
Western Australia.	cating the same, or of the judicial or official Character of the person appearing to have signed the same, shall be admitted in evidence to the same extent and for the same purposes before all courts and persons acting judicially within Western Australia without proof of the seal, or stamp, or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same.

WHENEVER any book or other document of any Austral-

Documents of Aus- 8.

tralasian Colony	asian Colony is of such a public nature as would, if it were a
which, if Western
Australian, admis-	Western Australian book or document, be admissible in evidence in
sible on mere pro-	Western Australia on its mere production front the proper custody,
duction provable by
certified copy.	any copy thereof or extract therefrom shall be admissible in evidence before all courts and persons acting judicially within Western Australia, provided it be proved to be an examined copy or extract, or provided it purport to be signed and certified as a true copy or extract by some officer of the Colony in question, who shall further certify thereto that he is the officer to whose custody the original is entrusted.

Votes and proceed-9. ALE copies, whether made before or after the commencement ings of Legislature of this Act, of the Votes and Proceedings of any House of the

of any Australasian Legislature of any Australasian Colony, and of Royal ProclamationsColony proved by if opy. purporting to be printed by the Government Printer of the Colony to which they belong or relate shall, on the mere production of the same, be admitted as evidence thereof by all courts and persons acting judicially within Western Australia without any proof being given that such copies were so printed.

be judicially noticed. Australia shall take judicial notice of the signature of every person Certain signatures to 10. ALL courts and persons acting judicially within Western

who is for the time being and of every person who has at any time been Governor, Judge of the Supreme Court, Prothonotary, Master, Registrar, or Chief Cleric of the Supreme Court, Commissioner of

63" VICTORIX, No. 9.

Evidence—Proof of Acts of Parliament, etc.

Titles, Registrar of Titles , Assistant or Deputy Registrar of Titles, Registrar General, Assistant or Deputy Registrar General, Govern- ment Statist or Assistant or Deputy Government Statist, Judge or Presiding Magistrate of any County Court, or District or Local Court, or Court of Mines, Chairman of any Court of General or Quarter Sessions, Judge of any Court of Bankruptcy, or Insolvency, or Police, or Stipendiary Magistrate, or Justice of the Peace in any of the Australasian Colonies, and of any person holding in any Australasian Colony any office corresponding to any of the aforesaid offices, and of any person holding in any such Colony any office to winch the Governor in Council may at any time, by order published in the Government Gazette, declare tins section to apply, and of the seal of every such court or person, if such signature or seal purports to be attached or appended to any decree,:order, certificate, affidavit, writ, warrant, summons, or other judicial or official document.

11. WHENEVER by any Act of any Australasian Colony now Proof of certain

or hereafter to be in force

public or corporation

documents by a

(a.) Any certificate, official or public document ; or	sealed copy.
(b.) Any document or proceeding of any corporation or com-

pany ; or

(c.) Any certified copy of any document or by-law, or entry in

any register or other book, or any other proceeding

shall be receivable in evidence of any particular under such Act in the particular Colony, the same shall respectively be admitted in evidence before all courts and persons :acting judicially within Western Australia, provided they respectively purport to be sealed or impressed with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by such Act of the particular Australasian Colony; without any proof of the seal or stamp where a seal or stamp is necessary, or of the signature, or of the official character of the person appearing to have signed the same, and without any further proof thereof in every case in which the original record or document could have been received in evidence.

12. BOOKS purporting to have been printed or published, Books of Statutes of

whether before or after the commencement of this Act, under the

any Australasian

authority of the Government of any Australasian Colony or by the

under authority of

Colony published

Government Printer of such Colony, and purporting to contain

Government thereof

statutes, ordinances, or other written laws in force in such Colony

admissible in evi-

shall, on production, be admitted and 'received as prima facie

dence.

evidence of such laws by all courts and 'persons acting judicially

within Western Australia.

63° VICTORIIE, No. 9.

Evidence—Proof of Acts of Parliament, etc.

ALL courts and persons acting judicially within Western incorporation of a company incorporated or registered in any Australasian Colony, either before or after the commencement of this Act, a certificate of the incorporation or registration thereof which purports to have been signed by a person whose authority to give the same shall be verified by a statutory declaratioa made before any judge or justice of the peace of such Colony. of whose signature such courts and persons aforesaid shall take judicial notice, and the date of incorporation or registration mentioned in such certificate shall be deemed to be the date on which the company was incorporated or registered.

Incorporation of any 13.

company how	Australia shall admit and receive as prima facie evidence of the
authenticated.

Powers under this 14. THE provisions of this Act shall be in addition to and not

Act not to be in	in derogation of any powers existing at common law or given by any
derogation of exist-
ing law.	law now in force in Western Australia.

What documents 15. NOTWITHSTANDING anything in this Act contained

may be given in	to the contrary, it shall not be lawful to give in evidence before any
evidence.	court any of the documents or papers mentioned in Sections seven and eight unless and until the party intending so to do shall have, seven days at least before tendering the same in evidence,

(a.) Given to the opposite party or his solicitor notice of such

intention.

(b.) Appointed a place in the town where the conrt before which the evidence is to be tendered is held, where, at any reasonable time within two days after the giving of such notice, such documents or papers may be inspected or copied by the opposite party or his solicitor.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

By Authority : RICHARD PETHER, Government Printer, Perth.