New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 168

168 Verification of instruments executed out of New South Wales

(1) Every instrument (other than a will) heretofore or hereafter appearing to have been duly executed out of New South Wales shall, so far as regards the execution thereof, be without further proof thereof admissible in evidence in any Court of justice in New South Wales, and before any officer or person having by law or consent of parties authority to hear, receive, and examine evidence in New South Wales, if such instrument purports to be attested in any of the following ways, that is to say:

(a) where the instrument is executed in any part of the British dominions other than New South Wales, then by any judge, or notary public, or any justice of the peace for New South Wales, or any commissioner for taking affidavits for New South Wales, or the mayor or chief officer of any municipal or local government corporation in such part, or the Governor, Government Resident, or Chief Secretary of such part, or a British Consular Officer or Australian Consular Officer exercising his or her functions in that part, or such other person as the Chief Justice may appoint,

(b) where the instrument is executed in any foreign country, then by a British Consular Officer or Australian Consular Officer exercising his or her functions in that country, and sealed with his or her seal of office (if any) or by such other person as the Chief Justice may appoint, or if there is indorsed thereon or annexed thereto a declaration of the due execution thereof purporting to be made by an attesting witness thereto before any such Consular Officer as aforesaid, and sealed as aforesaid, or before such other person as the Chief Justice may appoint.

(2) It shall be presumed that any seal or signature impressed, affixed, appended, or subscribed on or to any document tendered in evidence under this section is genuine, and that the person appearing to have attested any such document had in fact authority to attest the same in the character in which the person purports so to do, unless the party objecting to the admission of the document proves the contrary.

(3) A register of all appointments made by the Chief Justice under this section shall be kept in the office of the Registrar-General.

(4) Attestation in accordance with this section may be taken as sufficient proof of the execution of any dealing under the Real Property Act 1900 .

(5) In this section:
"Australian Consular Officer" means a person appointed to hold or act in any of the following offices (being an office of the Commonwealth of Australia) in a country or place outside the Commonwealth of Australia, namely, Ambassador, High Commissioner, Minister, Head of Mission, Commissioner, Chargé d’Affaires, Counsellor or Secretary at an Embassy, High Commissioner’s Office or Legation, Consul-General, Consul, Vice-Consul, Trade Commissioner and Consular Agent and includes a person appointed to hold or act in the Office of Counsellor, Official Secretary or Assistant Official Secretary at the Australian Commissioner’s Office in Singapore or of Secretary at the Australian Military Mission in Berlin or of Agent-General in London of the State of New South Wales or of Secretary, New South Wales Government Offices, London.
"British Consular Officer" includes a British Ambassador, Envoy, Minister, Chargé d’Affaires, Secretary of Embassy or Legation, Consul-General, Acting Consul-General, Consul, Acting Consul, Vice-Consul, Acting Vice-Consul, Proconsul, Consular Agent and Acting Consular Agent.