Evidentiary matters
643 Evidentiary matters
A certificate sealed by, or signed on behalf of, the prescribed authority, specifying that, on a date or during a period specified in the certificate – a person held or did not hold a local practising certificate; or the local practising certificate of a person was subject to a specified condition or restriction – is, in the absence of proof to the contrary, proof of the matters stated in it.
A certificate issued by a regulatory authority of another jurisdiction that states that, on a date or during a period specified in the certificate – a specified person was or was not the holder of an interstate practising certificate; or that a specified interstate legal practitioner's interstate practising certificate was or was not subject to a specified condition – is admissible in any legal proceedings and is evidence of the fact or facts so stated.
A certificate that is issued by the domestic registration authority and that states that, on a date or during a period specified in the certificate – a specified person was or was not a locally registered foreign lawyer; or the registration of a specified locally registered foreign lawyer was or was not subject to a specified condition – is admissible in any legal proceedings and is evidence of the fact or facts so stated.
A certificate that is issued by a foreign registration authority (within the meaning of Part 2.6 (Legal practice by foreign lawyers)) and that states that, on a date specified in the certificate, specified foreign regulatory action (within the meaning of Part 2.4 (Inter-jurisdictional provisions regarding admission and practising certificates)) was taken in relation to a person is admissible in any legal proceedings and is evidence of the fact or facts so stated.
For the purposes of this section – domestic registration authority means the prescribed authority.
This Act’s bill:Explanatory notesSecond reading speech
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