Unauthorised Documents Act of 1953 (2 Eliz Ii No. 6) (Qld)

UNAUTHORISED DOCUMENTS. 2 E liz . II. No. 6, 1953. Unauthorised Documents Act. 343 UNAUTHORISED DOCUMENTS. An Act to Prevent the Misleading Use of Forms 2 ^\u- resembling Court Process; and for purposes AUTHORISED j D ocuments connected therewith. ^ 1950 . [A ssented to 8 th O ctober , 1953.] B E it enacted by tbe Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. This Act may be cited as “The Unauthorised Short title. Documents Act of 1953.” 2. This Act shall be read and construed! so as not Construction to exceed the legislative power of the State to the intentofAct' that where any enactment hereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. 3. In this Act, unless the context otherwise indicates Meaning of or requires, the following terms shall have the meaningsterm3- respectively assigned to them, that is to say :— “Document”—Includes any notice claim Document- demand or process or any document relating to any extra-judicial remedy and whether in existence or not; “ Person ”—Includes any body corporate ; Person. “Tribunal”—Includes any court judge magistrate Tribunal, justice or public officer whether in or out of Queensland and whether in existence or not. 4. Every person— (i.) Who sends or delivers to or serves on, or Sending. causes to be sent or delivered to or served &ec!,vering’ on, any other person any writing or paper uaauthorised which is not an original or a copy of a document published or issued out of or by

344 UNAUTHORISED DOCUMENTS. Unauthorised Documents Act. 2 E liz II. No. 6r or under the authority or with the sanction of any tribunal, but which is likely or intended to convey to such other person the impression that such writing or paper is an original or a copy of a document published or issued out of or by or under the authority or with the sanction of any tribunal; or (ii.) Who prints, publishes, or sells or offers or exhibits for sale, or causes to be printed, published, or sold or offered or exhibited for sale, any writing or paper which is not an original or a copy of a document published or issued out of or by or under the authority or with the sanction of any tribunal, but which is likely or intended to convey to any person whomsoever the impression that such writing or paper is an original or a copy of a document published or issued out of or by or under the authority or with the sanction of any tribunal, shall be guilty of an offence against this Act. Liability of 5. (1.) Every person guilty of an offence against o&ffce.nders, this Act— (i.) Shall be deemed guilty of a contempt of the Supreme Court and may be punished accordingly by such Court or a judge thereof in chambers upon the application, subject to subsection three of this section, of any person complaining thereof; or (ii.) Shall be liable where that offence is prosecuted summarily under this Act to a penalty of not more than one hundred pounds. (2.) Every offence against this Act (not being a case where an application is made for the punishment of the offender as for a contempt of the Supreme Court) may be prosecuted in a summary way under *“ The Justices Acts, 1886 to 1949,” on complaint, subject to subsection three of this section, of any person complaining thereof. * 50 V. No. 17 and amending Acts.

1953. UNAUTHORISED DOCUMENTS. Unauthorised Documents Act. 345 (3.) No application or complaint under this Act shall be made by any person whomsoever without the written consent of the Attorney-General or Solicitor- General of the State. The Attorney-General or Solicitor-General may make or cause to be made an application or complaint under this Act with respect to any offence against this Act. (4.) In any proceedings under this Act— (i.) The naming on any such writing or paper of any person in such a way as to imply that he is the printer, publisher, seller, or sender of the same, shall be evidence that such person printed, published, sold, or sent such writing or paper, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence that he printed, published, sold, or sent the writing or paper; (ii.) An allegation in a notice of application or in a complaint that any such writing or paper is not an original or a copy of a document published or issued out of or by Or under the authority or with the sanction of any tribunal, shall be evidence of the fact alleged, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of that fact; (iii.) The question whether any such writing or paper is likely or intended to convey to any person the impression that such writing or paper is an original or a copy of a document published or issued out of or by or under the authority or with the sanction of any tribunal shall be determined according to the opinion of the court in which or the judge before whom the proceedings are brought. 6. Where an offence against this Act is committed Bodies by a body corporate, any and every person who is the corporate, manager or who acts or takes part in the management, administration, or government of that body corporate shall, as well as that body corporate, be deemed to have committed that offence.

346 UNAUTHORISED DOCUMENTS. Unauthorised Documents Act. 2 E liz . n. No. 6,1953. In every such case any and every person aforesaid shall be liable to be convicted for the offence committed by the body corporate as if he had committed that offence in person unless the court is satisfied that he had no knowledge of the commission of the offence and could not by using all due diligence have prevented its commission. other 7. Nothing in this Act shall be held to affect any not affected, other proceedings, civil or criminal, which might have been taken against any person if this Act had not been passed but no person shall be punished for the same offence under any such proceeding and under this Act. VALUATION OF LAND. See L and . VALUATIONS. REVIEW OF. See L and . WHEAT MARKETING. See A griculture . WORKERS' HOMES. See H ousing .