EVIDENCE ACT 1977 - SECT 46A
Presumption of accuracy of official copy of Queensland legislation
EVIDENCE ACT 1977 - SECT 46A
Presumption of accuracy of official copy of Queensland legislation
46A Presumption of accuracy of official copy of Queensland legislation
(1) An official copy of Queensland legislation is, in the absence of evidence
to the contrary, taken to correctly show—
(a) for Queensland legislation
other than a reprint—the legislation as at the relevant date; or
(b) for a
reprint—the law in force included in the reprint as at the relevant date.
(2) The date of assent appearing in an official copy of an Act or a reprint of
an Act is, in the absence of evidence to the contrary, evidence of the date of
assent.
(3) A statement of any of the following matters appearing in an
official copy of subordinate legislation or a reprint of subordinate
legislation is, in the absence of evidence to the contrary, evidence of the
matter—
(a) when and by whom the subordinate legislation was made;
(b) when
and how the subordinate legislation was notified;
(c) when the subordinate
legislation was laid before the Legislative Assembly;
(d) that the
subordinate legislation was disallowed and the date of the disallowance.
(4)
A document purporting to be a copy of, or extract from, an official copy of
Queensland legislation is, in the absence of evidence to the contrary, taken
to be a correct copy of, or extract from, the official copy.
(5) For an
official copy of a reprint authorised under the Legislative Standards Act 1992, section 10A ,
"extract" from the copy, for subsection (4) , includes a document
containing—
(a) 1 or more pages of the copy; and
(b) a page of the copy
containing the note mentioned in section 10A (2) of that Act.
(6) In this
section—
"made" , for subordinate legislation, means made, approved, confirmed or
otherwise consented to.
"relevant date" , for an official copy of Queensland legislation, means—
(a)
for an Act as passed, or an agreement or other instrument in or attached to
the Act —the day the Act was assented to; or
(b) for subordinate
legislation as made, or an agreement or other instrument in or attached to the
subordinate legislation—the day the subordinate legislation was made; or
(c) for an agreement or other instrument not mentioned in paragraph (a) or (b)
that has not been amended—the day the agreement or other instrument came
into the same force of law as an Act or subordinate legislation; or
(d) for a
reprint—the day or days, however described or identified in the official
copy, for which the law included in the copy is or was the law in force.
