Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 9 - LODGMENTS AND REGISTERS  

PART 9-3 - REGISTERS  

Division 424 - Validity and use of information etc. obtained from a register  

SECTION 424-5   USE IN COURT PROCEEDINGS ETC. OF DOCUMENTS ISSUED BY REGISTRAR  

424-5(1)    
If:

(a)    the Registrar gives a certificate; and

(b)    the certificate states that, at a date or during a period specified in the certificate, no Aboriginal and Torres Strait Islander corporation was registered under this Act by a name specified in the certificate;

then, in any proceeding, the certificate is to be received as prima facie evidence that at that date or during that period, as the case may be, no Aboriginal and Torres Strait Islander corporation was registered by that name under this Act.

424-5(2)    
If:

(a)    the Registrar gives a certificate; and

(b)    the certificate states that a requirement of this Act specified in the certificate:

(i) had or had not been complied with at a date or within a period specified in the certificate; or

(ii) had been complied with at a date specified in the certificate but not before that date;

then in any proceeding, the certificate is to be received as prima facie evidence of matters specified in the certificate.

424-5(3)    
If:

(a)    the Registrar gives a certificate; and

(b)    the certificate states that, during a period specified in the certificate, a particular Aboriginal and Torres Strait Islander corporation was registered, or taken to be registered, under this Act;

then, in any proceedings, the certificate is to be received as prima facie evidence that, during that period, that corporation was registered under this Act.

Certificates issued are prima facie evidence

424-5(4)    
A certificate given by the Registrar stating that an Aboriginal and Torres Strait Islander corporation has been registered under this Act is prima facie evidence that:

(a)    all requirements of this Act for its registration have been complied with; and

(b)    the corporation was duly registered as an Aboriginal and Torres Strait Islander corporation under this Act on the date specified in the certificate.

Writing prepared by the Registrar

424-5(5)    
If:

(a)    a writing purports to have been prepared by the Registrar; and

(b)    the writing sets out information that purports to relate to an Aboriginal and Torres Strait Islander corporation; and

(c)    the information relating to the corporation was derived from information obtained by the Registrar in the administration of this Act; and

(d)    the information was obtained by the Registrar using a computer;

then the writing is prima facie evidence of the matters stated in the writing. In other words, the writing is proof of such a matter in the absence of evidence to the contrary.

424-5(6)    
The writing referred to in subsection (5) need not bear a certificate or signature in order to be taken to purport to have been prepared by the Registrar.

424-5(7)    
Nothing in this section limits, or is limited by, any other provision of this Part.