15. Proof of ownership or occupancy

    (1) In addition to other methods of proof available, production

    (a) of the rate record of a local government or of a copy or extract purporting to be certified by the signature of the mayor or president or chief executive officer of the local government as a copy or extract of the rate record, showing that a person is rated as the owner or occupier of premises; or

    (b) of a document purporting to be

    (i) a certificate signed by the Registrar of Deeds or his substitute or an Assistant Registrar of Deeds, that a person appears from a memorial of registration of a deed, conveyance, or other instrument to be the owner of premises;

    (ii) a certificate signed by the Registrar of Titles, or an Assistant or Deputy Registrar, that a person's name appears in the Register under the Transfer of Land Act 1893, as that of the owner of premises; or

    (iii) a certificate signed by the Under Secretary for Lands, or the Under Secretary for Mines, that a person is registered in the Department of Lands and Surveys 2, or the Department of Mines 3, as the case may be, as the lessee or occupier of premises, is until the contrary is proved, evidence that the person is the owner, lessee or occupier, as the case may be, of the premises.

    (2) Courts and persons having authority to hear, receive and examine evidence shall, for the purposes of this Act,

    (a) take judicial notice of a certificate and signature mentioned in subsection (1); and

    (b) presume as proved, in the absence of proof to the contrary, an averment in a claim, prosecution notice or other document, that a person is or was at a stated time, owner or occupier of premises.

    [Section 15 amended by No. 14 of 1996 s. 4; No. 81 of 1996 s. 153(1); No. 84 of 2004 s. 79.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.