New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 168A

168A Verification of instruments executed out of New South Wales by persons engaged on war service

(1) Every instrument (other than a will) appearing to have been duly executed outside New South Wales by a person who, at the time of the execution thereof, was engaged on war service shall, so far as regards the execution thereof, be without further proof 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 by an officer as defined in the Defence Act 1903-1939 of the Parliament of the Commonwealth.

(2) It shall be presumed that any signature appended or subscribed on or to any document tendered in evidence under this section is genuine, that any person who is described in any such document as engaged on war service was, in fact, so engaged at the time of the execution by the person of the document, 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) For the purpose of this section a person shall be deemed to be "engaged on war service" if being a member of His Majesty's naval, military or air forces the person is bound to continuous service with such forces for the duration of the present war between His Majesty and Germany and her Allies, whether or not the person has agreed to serve or does serve beyond the limits of the Commonwealth of Australia and those of any territory under the authority of the Commonwealth.

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

(6) Nothing in this section shall be construed as limiting any power, authority, privilege or immunity conferred or given by Part 2 of the Trustee and Wills (Emergency Provisions) Act 1940 .