The presumption of regularity does not apply to render evidence admissible where the prosecution has failed to prove a fact necessary under a statute to render the evidence admissible, particularly where simple statutory modes of proof were available but not used. Section 27A(3D) of the Acts Interpretation Act 1954 (Qld) does not dispense with the need to prove the existence of a delegation; it only deems acts done by an actual delegate to have the same statutory consequence as if done by the delegator. Prosecutors relying on certificates signed by delegates of the Commissioner must prove the delegation by admissible evidence, such as a certificate by the delegator under ss 27A(13)-(15) of the Acts Interpretation Act 1954 (Qld).
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