Australian Capital Territory Consolidated Acts

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EVIDENCE ACT 1971 - SECT 16

Proof of attestation of documents

    (1)     A document (other than a document to the validity of which attestation is required) may, if its execution has been attested, be proved in evidence in a proceeding, notwithstanding the attestation, in any way in which such a document, if not attested, may be proved.

    (2)     A document (other than a will or a codicil to a will) to the validity of which attestation is required that purports to have been attested may be proved in a proceeding by evidence that the signature or the person by whom the document purports to have been executed is the signature of that person and by evidence that the signature of the person or of 1 of the persons by whom the document purports to have been attested is the signature of the person whose signature it purports to be.

    (3)     Subsection (2) does not prevent the proof of a document by an attesting witness.



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