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 Section three of the Principal Act is repealed and the following section inserted in its stead:—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. |
Overview
The State and Territorial Laws and Records Recognition Act 1964 was enacted to address the need for a more comprehensive recognition of state and territorial laws and records within the Commonwealth. This Act amended the existing State and Territorial Laws and Records Recognition Act 1901-1950, providing updated provisions that better reflect the evolving legal landscape of Australia. The Act was introduced by the Commonwealth Parliament with the objective of ensuring that courts take judicial notice of all state acts, thereby facilitating the recognition of state and territorial laws and records in legal proceedings across Australia. By integrating these provisions, the Act aimed to streamline the legal processes concerning state and territorial laws and records, enhancing their recognition and enforcement within the broader Australian legal framework.
Scope and Application
The State and Territorial Laws and Records Recognition Act 1964 amends the 1901-1950 Act to provide updated provisions on the recognition of state and territorial laws and records within Australia. This Act applies to all courts in Australia, requiring them to take judicial notice of state and territory laws and records. It encompasses a broad range of entities including state governments, territories, and their respective ministers or authorities. The Act facilitates the proof of certain instruments and judicial proceedings, providing clarity and procedures for the recognition of laws and records across different jurisdictions. Geographically, the Act has a national reach, applying to the entire Commonwealth of Australia, including all states and territories. The Act’s provisions are designed to ensure uniformity and coherence in the recognition of legal documents and records across different jurisdictions, thereby streamlining legal processes and enhancing the efficiency of judicial proceedings. The Act also incorporates amendments to subordinate instruments to extend its application and coverage, ensuring that the legislative intent is comprehensively realised across the legal landscape of Australia.
Key Provisions
The State and Territorial Laws and Records Recognition Act 1964 (C1964A00054) primarily aims to amend the State and Territorial Laws and Records Recognition Act 1901-1950. This Act introduces new sections and modifies existing ones to better align with the current legal framework. One of the key provisions is the insertion of a new section (section 1a) that outlines the division of the Act into distinct parts: Preliminary, Judicial Notice, Proof of Certain Instruments, Proof of Certain Matters, Proof of Judicial Proceedings, and Miscellaneous (sections 1-2, 3-5, 6-11, 12-16, 17, and 18-19, respectively). This structured approach aids in the readability and application of the Act. Section 3 mandates that all courts must take judicial notice of all State Acts, ensuring that these Acts are recognised and considered in legal proceedings. Additionally, section 5 amends the way certain instruments, proclamations, commissions, or orders issued by the Governor-General or a Minister are to be evidenced in court, specifying that a copy or extract certified to be true by any Minister must be produced.
The obligations imposed by the Act on the parties and entities it governs include the requirement for courts to take judicial notice of State Acts, which means that these Acts must be acknowledged and considered as part of the legal process without the need for further evidence of their validity. Furthermore, section 5 places the onus on the parties presenting certain instruments or orders to produce a copy or extract that is certified as true by a Minister. This certification ensures the authenticity and legitimacy of the documents being presented in court. Additionally, the Act specifies the manner in which by-laws and regulations under the laws of a Territory must be evidenced, ensuring consistency and clarity in legal documentation.
In terms of consequences for breach, the Act does not explicitly state offences, penalties, or specific civil or criminal consequences. However, failure to comply with the requirements for judicial notice or the presentation of certified documents could potentially lead to challenges in the admissibility and validity of evidence in court. Such non-compliance might result in legal disputes or the need for additional evidence to satisfy the court of the legitimacy of the documents presented. While the Act itself does not delineate specific penalties, the legal ramifications of non-compliance would be determined by the courts on a case-by-case basis.