Evidence and Discovery Act 1867 (Qld)

Evidence and Discovery Act 1867

An Act to consolidate and amend the law of evidence and discovery at common law

Part 1 Judgments decrees and orders

1 [Repealed]

2 [Repealed]

3 [Repealed]

4 [Repealed]

5 [Repealed]

6 [Repealed]

7 [Repealed]

8 [Repealed]

9 [Repealed]

10 [Repealed]

11 [Repealed]

12 [Repealed]

13 [Repealed]

14 [Repealed]

15 [Repealed]

16 [Repealed]

17 [Repealed]

18 [Repealed]

19 [Repealed]

20 [Repealed]

21 [Repealed]

22 [Repealed]

23 [Repealed]

24 [Repealed]

25 [Repealed]

25A [Repealed]

26 [Repealed]

27 [Repealed]

28 [Repealed]

29 [Repealed]

30 [Repealed]

31 Copies of judgments decrees rules and orders of Supreme Court to be received in evidence if duly certified by master prothonotary chief clerk or deputy registrar respectively (1) Copies of all judgments decrees rules and orders filed or recorded in the Supreme Court of the said State at Brisbane shall be admitted as evidence of the contents thereof by all courts Judges justices and other legal tribunals and in every judicial proceeding in the said State without production of the originals of such documents respectively provided the copies of such orders and decrees made in the equitable jurisdiction of the said Supreme Court at Brisbane be certified under the hand of the master in equity of the said court and that such copies of all judgments decrees rules and orders made in the common law and ecclesiastical jurisdiction of the said Supreme Court at Brisbane be certified under the hand of the prothonotary or chief clerk thereof. (2) And they shall be deemed prima facie to be so certified if they purport to be so certified.

32 [Repealed]

33 [Repealed]

34 [Repealed]

35 [Repealed]

36 [Repealed]

37 [Repealed]

37A Powers as to oaths and notarial Acts abroad (1) In this section— authorised employee means an employee of— (a) the Commonwealth authorised under section 3(c) of the Consular Fees Act 1955 (Cwlth); or (b) the Australian Trade Commission authorised under section 3(d) of the Consular Fees Act 1955 (Cwlth). consular officer means a person appointed to hold or act in any of the following offices (being an office of the United Kingdom of Great Britain and Northern Ireland or of some other country which is a member of the Commonwealth of Nations) in a country or place outside the United Kingdom of Great Britain and Northern Ireland or, as the case may be, such other country, that is to say— (a) ambassador; or (b) high commissioner; or (c) minister; or (d) head of mission; or (e) commissioner; or (f) charge d'affaires; or (g) counsellor or secretary at an embassy, high commissioner's office, legation or other post; or (h) consul-general; or (i) consul; or (j) vice-consul; or (k) pro-consul; or (l) trade commissioner; or (m) consular agent. (2) Where any oath, affidavit, or notarial act is required for the purpose of any court or matter in Queensland, any such oath or affidavit, and any such notarial act which, if done in the United Kingdom of Great Britain and Northern Ireland, a notary public could do may, in any country or place outside the Commonwealth of Australia, be made, sworn, or done before a consular officer or authorised employee exercising his or her functions in that country or place. (2A) Every such oath, affidavit, or notarial act made, sworn, or done before any such consular officer or authorised employee shall be as effectual as if duly made, sworn, or done before a lawful authority in Queensland. (3) Any document required, authorised, or permitted by any Act or law of Queensland to be attested or verified by, or sealed, or signed, or acknowledged or declared before a justice of the peace of this State may, in any country or place outside the Commonwealth of Australia, be attested, or verified by, or sealed, or signed, or acknowledged or declared by or before a consular officer or authorised employee exercising his or her functions in that country or place. (3A) Every document attested or verified by, or sealed, or signed, or acknowledged or declared before any such consular officer or authorised employee shall be as effectual as if duly attested, or verified by, or sealed, or sworn, or acknowledged or declared before a justice of the peace in Queensland. (4) Where any enactment in force at the passing of the Evidence and Discovery Acts Amendment Act 1960 or thereafter in force requires, authorises, or permits any notarial act to be done by, or any oath or affidavit to be made or taken or any document to be sealed or signed or acknowledged or declared before, any person appointed to hold or act in any diplomatic or consular office of the United Kingdom of Great Britain and Northern Ireland, whether that person is in that enactment referred to as a British ambassador, envoy, minister, charge d'affaires, secretary of embassy or legation, consul-general, consul, vice-consul, pro-consul, or consular agent, or by any other title, then the same may be done by or, as the case may be, made, or taken, or sealed, or signed, or acknowledged or declared in any country or place outside the Commonwealth of Australia before any consular officer or authorised employee exercising his or her functions in that country or place. (5) For the purposes of this subsection— enactment includes a provision of any order in council, regulation, rule, by-law, or other instrument made pursuant to any Act of this State as well as any enactment of the Legislature of this State.