State and Territorial Laws and Records Recognition Act 1964 (Cth)

STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION.

No. 54 of 1964.

An Act to amend the State and Territorial Laws and Records Recognition Act 1901-1950.

[Assented to 30th May, 1964.]

[Date of commencement, 27th June, 1964.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the State and Territorial Laws and Records Recognition Act 1964.

(2.) The State and Territorial Laws and Records Recognition Act 1901-1950 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the State and Territorial Laws and Records Recognition Act 1901-1964.

2. After section one of the Principal Act the following section is inserted:—

Parts.

“1a. This Act is divided into Parts, as follows:—

Part	I.	—Preliminary (Sections 1-2).
Part	II.	—Judicial Notice (Sections 3-5).
Part	III.	—Proof of Certain Instruments (Sections 6-11).
Part	IV.	—Proof of Certain Matters (Sections 12-16).
Part	V.	—Proof of Judicial Proceedings (Section 17).
Part	VI.	—Miscellaneous (Sections 18-19).”.

Definitions.

3. Section two of the Principal Act is amended by omitting the definitions of “Territory” and “Territory of the Commonwealth” and inserting in their stead the following definition:—

“‘Territory ’ means Territory of the Commonwealth.”.

4. Section three of the Principal Act is repealed and the following section inserted in its stead:—

State Acts to be judicially noticed.

“3. All Courts shall take judicial notice of all State Acts.”.

   

Proof of certain instruments.

5. Section six of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “or, in the case of a Territory, by the Governor-General, or by the Minister or by or under any authority thereto authorized under the laws of the Territory” and inserting in their stead the words “, or evidence of any proclamation, commission or order issued by the Governor-General, or by a Minister or authority, under the laws of a Territory”;

(b) by omitting paragraph (ca) of that sub-section and inserting in its stead the following paragraph:—

“(ca) by the production (in the case of any proclamation, commission or order issued by the Governor-General) of a copy or extract purporting to be certified to be true by any Minister; or”; and

(c) by omitting paragraph (da) of that sub-section and inserting in its stead the following paragraph:—

“(e) by the production (in the case of any proclamation, commission or order issued by a Minister or authority under the laws of a Territory) of a copy or extract purporting to be certified to be true by any Minister.”.

By-laws and Regulations under laws of Territory.

6. Section fifteen a of the Principal Act is repealed.

Headings.

7. The heading preceding each section of the Principal Act the number of which is set out in the first column of the Schedule to this Act is repealed and the heading set out in the second column of that Schedule opposite to that number is inserted in its stead.

 

THE SCHEDULE. Section 7.

First Column.	Second Column.
Number of Section.	Heading Inserted.
1	Part	I.	—Preliminary.
3	Part	II.	—Judicial Notice.
6	Part	III.	—Proof of Certain Instruments.
12	Part	IV.	—Proof of Certain Matters.
48	Part	V.	—Miscellaneous.