Evidentiary provisions
112 Evidentiary provisions
Certified copies and extracts
The Registrar may supply a copy of or extract from any instrument lodged with the Registrar under this Part, certified by the Registrar to be a true copy or true extract.
The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
The Registrar may issue a written certificate:
stating that an entry, matter or thing required or permitted by or under this Part to be made or done:
has been made or done; or
has not been made or done; or
stating that an entry, matter or thing required by or under this Part not to be made or done:
has not been made or done; or
has been made or done.
The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
A certificate must not be admitted in evidence under subsection (4) in proceedings for an offence unless:
the person charged with the offence; or
a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
If, under subsection (4), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
called as a witness for the prosecution; and
cross‑examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
However, subsection (6) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
the prosecutor has been given at least 4 days’ notice of the person’s intention to require the person who signed the certificate to be so called; or
the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (3) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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