Commonwealth Consolidated Acts

FOREIGN EVIDENCE ACT 1994 - SECT 37

             (1)  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.

             (2)  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:

                     (a)  the authenticity of the signature on the foreign public document; and

                     (b)  the capacity in which the person signing the foreign public document has acted; and

                     (c)  where appropriate, the identity of the seal or stamp that the foreign public document bears.

             (3)  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:

                     (a)  the authenticity of the signature on the foreign public document; and

                     (b)  the capacity in which the person signing the foreign public document has acted; and

                     (c)  where appropriate, the identity of the seal or stamp that the foreign public document bears.