Evidence Act 2011

If the imprint of a seal appears on a document and purports to be the imprint of—

a Royal Great Seal; or

the Great Seal of Australia; or

another seal of the Commonwealth; or

a seal of a State, another Territory or a foreign country; or

the seal of a body (including a court or a tribunal), or a body corporate, established by or under Royal Charter or by an Australian law or the law of a foreign country;

it is presumed, unless the contrary is proved, that the imprint is the imprint of the seal, and the document was sealed as it purports to have been sealed.

Note The Commonwealth Act has a different s (1).

If the imprint of a seal appears on a document and purports to be the imprint of the seal of an office holder, it is presumed, unless the contrary is proved, that—

the imprint is the imprint of the seal; and

the document was sealed by the office holder acting in the office holder’s official capacity; and

the office holder held the relevant office when the document was sealed.

If a document purports to have been signed by an office holder in the office holder’s official capacity, it is presumed, unless the contrary is proved, that—

the document was signed by the office holder acting in that capacity; and

the office holder held the relevant office when the document was signed.

In this section:

office holder means—

the Sovereign; or

the Governor‑General; or

the Governor of a State; or

the Administrator of a Territory; or

a person holding any other office under an Australian law or a law of a foreign country.

This section extends to documents sealed, and documents signed, before the commencement of this section.

Note 1 The Commonwealth Act, s 5 extends the operation of the Commonwealth Act, s 150 to proceedings in all Australian courts.

Note 2 Australian law—see the dictionary.