Australian Capital Territory
Evidence (Laws and Instruments) Act 1989  (repealed)   
A1989-30
Republication No 2
Effective:  7 September 1993
Republication date: 31 January 2008
As repealed by A1993-62 s 4

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Evidence (Laws and Instruments) Act 1989 (repealed) effective 7 September 1993.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory
evidence (Laws and instruments) act
1989
Repealed by No. 62, 1993 (in force 6 September 1993)
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Interpretation
	4.	Judicial notice—Acts
	5.	Judicial notice—enactments
	6.	Judicial notice—subordinate laws
	7.	Subordinate laws printed by Government Printer
	8.	Proof of Gazette
	9.	Instruments required to be gazetted
	10.	Judicial notice—signatures etc.

An Act to facilitate the proof of certain laws, instruments and other matters
Short title
1.  This Act may be cited as the Evidence (Laws and Instruments) Act 1989.1
Commencement
2.  This Act commences on the date of commencement of section 22 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
Interpretation
3.  (1) In this Act, unless the contrary intention appears, “court” includes any tribunal or person having authority under a law in force in the Territory or by consent of parties to receive evidence.
(2)  In this Act, a reference to the notification of an Act in the Gazette shall be read as a reference to the notification of the Act in the Gazette by the Chief Minister under subsection 25 (1) of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
Judicial notice—Acts
4.  All courts shall take judicial notice of—
	(a)	the passing of an Act by the Legislative Assembly;
	(b)	the date on which an Act was notified in the Gazette; and
	(c)	the commencement of an Act or of part of an Act.
Judicial notice—enactments
5.  All courts shall take judicial notice of—
	(a)	the making or passing of an enactment;
	(b)	the date on which an enactment that is a converted Act was notified in the Commonwealth Gazette; and
	(c)	the commencement of an enactment or of part of an enactment.
Judicial notice—subordinate laws
6.  All courts shall take judicial notice of—
	(a)	the making of a subordinate law;
	(b)	the date on which a subordinate law was notified in the Gazette or the Commonwealth Gazette; and
	(c)	the commencement of a subordinate law or of part of a subordinate law.
Subordinate laws printed by Government Printer
7.  A document that purports—
	(a)	to be a copy of a subordinate law; and
	(b)	to have been printed by the Government Printer;
is evidence that the subordinate law was duly made by the person or body authorised to make such a law.
Proof of Gazette
8.  A document that purports to be a copy of the Gazette, or an extract from a copy of the Gazette, and to have been printed by the Government Printer shall, in the absence of evidence to the contrary, be taken to be a copy of the Gazette, or an extract from a copy of the Gazette, as the case requires.
Instruments required to be gazetted
9.  (1)  In this section, “instrument” includes—
	(a) 	a by-law, determination, direction and notice and an order; and
	(b)	a copy of an instrument.
(2)  Where an Act or a subordinate law—
	(a)	requires or permits an instrument to be published in the Gazette; or
	(b)	before self-government day, required or permitted an instrument to be published in the Commonwealth Gazette;
a copy of the relevant Gazette, or an extract from a copy of the relevant Gazette, that purports to contain the instrument is evidence of—
	(c)	the making of the instrument;
	(d)	the terms of the instrument;
	(e)	if the instrument recites that steps or conditions, preliminary to the making of the instrument have been taken or fulfilled—the taking of those steps or the fulfilment of those conditions; and
	(f)	the publication of the instrument in the relevant Gazette.
(3)  Where an Act or a subordinate law—
	(a)	requires or permits an instrument to be published in the Gazette; or
	(b)	before self-government day, required or permitted an instrument to be published in the Commonwealth Gazette;
and the instrument has been published in the relevant Gazette, the instrument shall, in the absence of evidence to the contrary, be taken to be in force.
Judicial notice—signatures etc.
10.  (1)  All courts shall take judicial notice of—
	(a)	the signature of each person who holds, or has held, any of the following offices:
	(i)	the Presiding Officer of the Legislative Assembly;
	(ii)	the Clerk to the Legislative Assembly;
	(iii)	the Chief Minister;
	(iv)	Minister (other than the Chief Minister or the Deputy Chief Minister); 
	(v)	the Head of Administration;
	(vi)	member of the Australian Capital Territory Administrative Appeals Tribunal;
	(vii)	the Registrar of Titles, the Acting Registrar of Titles or a Deputy Registrar of Titles;
	(viia)	the Registrar of Business Names, the Acting Registrar of Business Names or a Deputy Registrar of Business Names;
	(viib)	the Registrar of Incorporated Associations, the Acting Registrar of Incorporated Associations or a Deputy Registrar of Incorporated Associations;
	(viic)	the Registrar of Unclaimed Moneys or the Acting Registrar of Unclaimed Moneys;
	(viii)	the Public Trustee for the Australian Capital Territory;
	(ix)	the Youth Advocate;
	(ixa)	the Director of Public Prosecutions;
	(x)	an office to which the Executive, by order published in the Gazette, declares this section to apply;
	(b)	the seal, if any, of such a person; and
	(c)	the fact that such a person holds or held such an office;
if the signature or seal purports to be attached or appended to any judicial or official document.
(2)  An order may be made under subsection (1) in relation to an office that has ceased to exist before the making of the order.
(3)  An order under subsection (1) continues to apply in relation to an office, notwithstanding that the office ceases to exist after the making of the order.

NOTE
1.	The Evidence (Laws and Instruments) Act 1989 as shown in this reprint comprises Act No. 30, 1989 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Evidence (Laws and Instruments) Ordinance 1989	30, 1989	10 May 1989	11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
		
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Director of Public Prosecutions (Consequential Provisions) Act 1990	23, 1990	25 June 1990	Ss. 1 and 2: 25 June 1990
Remainder: 1 July 1990 (see Gazette 1990, No. S44, p. 2)
	S. 4	
Evidence (Laws and Instruments) (Amendment) Act 1990	29, 1990	24 Aug 1990	Ss. 1-3: 24 Aug 1990
Remainder: 3 Sept 1990
	—	
as repealed by
Evidence (Amendment) Act (No 2) 1993	62, 1993	6 Sept 1993	6 Sept 1993		

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 10	am. Acts Nos. 23 and  29, 1990

©  Australian Capital Territory 2008