Recovery of Lands Act 1929 (ACT)

The matter before the court involved the interpretation of the Recovery of Lands Act 1929 (ACT), specifically concerning the use of a certificate issued by the Minister as evidence of the determination of a lease. The court had to determine whether such a certificate, signed by the Minister or an authorised person, could be accepted as proof of the lease's determination.

The legal issue before the court was whether the statutory provision allowing the Minister's certificate to be considered evidence of lease determination complied with the requirements of the Act. The court was required to interpret the relevant section of the Act and decide if the Minister's certificate met the legislative standards for admissibility as evidence.

The court held that the certificate signed by the Minister, or an authorised person, stating that a lease had been determined, indeed constituted evidence of such determination under the Act. The court emphasised that when the Minister approves a form for a specific purpose, that approved form must be used for that purpose. The court also noted that an approved form is considered a notifiable instrument, subject to the notification requirements of the Legislation Act 2001.

The final orders of the court were that the certificate signed by the Minister or an authorised person stating the determination of a lease would be accepted as evidence of the lease's determination, in accordance with the statutory provisions. The court confirmed that the use of an approved form, as required by the Act, was in compliance with the legislative requirements.