Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020 - SECT 324

Evidentiary provisions

    (1)     Until evidence is given to the contrary, proof is not required as to any of the following—

        (a)     the constitution of a Council;

        (b)     the election of Councillors as Councillors of a Council;

        (c)     the size, location or boundaries of a municipal district;

        (d)     the size, location or boundaries of a ward;

        (e)     the fact that a place is located within a municipal district;

        (f)     the appointment of any person as a member of a committee or as a member of Council staff;

        (g)     the appointment of a member of Council staff to do an act or for a particular purpose;

        (h)     the authority to bring any proceedings;

              (i)     the making of a resolution by a Council;

        (j)     the making of a local law;

        (k)     that a document purporting to be issued by a Council was issued by the Council;

        (l)     the declaration of any rate or charge;

        (m)     the validity of the contents of any Council records or minutes;

        (n)     the correctness of the markings on a voters' roll used in an election or a copy or extract certified by the election manager of that voters' roll indicating the names of voters who did not vote at the election.

    (2)     A certificate certifying any matter relating to the contents of any document kept by a Council and purporting to be signed by the Chief Executive Officer is admissible in any proceedings as evidence of the matters appearing in the certificate.

    (3)     All courts, judges and people acting judicially must take judicial notice of such a signature and must presume that the certificate was properly signed until the contrary is proved.



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