Certificates attached to foreign public documents
37 Certificates attached to foreign public documents
This section applies in relation to a foreign public document that has placed on it or annexed to it a certificate issued under the Convention.
In a proceeding in any Australian court, and for the purposes of any person performing a function or exercising a power under an Australian law, the certificate is evidence of:
the authenticity of the signature on the foreign public document; and
the capacity in which the person signing the foreign public document has acted; and
where appropriate, the identity of the seal or stamp that the foreign public document bears.
Subject to section 39, an Australian court, or a person performing a function or exercising a power under an Australian law, must not require any formality other than the certificate in order to certify:
the authenticity of the signature on the foreign public document; and
the capacity in which the person signing the foreign public document has acted; and
where appropriate, the identity of the seal or stamp that the foreign public document bears.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.