21/Dec/2001 - Current (at 31 Dec 2005)
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    38. Proof of ownership or occupancy

    (1) In any legal proceedings under this Act, in addition to any other method of proof available

    (a) evidence that the person proceeded against is rated as owner or occupier of any land by the local government of the district within which such land is situated; or

    (b) evidence by the certificate of

    (i) the Registrar of Deeds and Transfers or his substitute or any assistant registrar of deeds and transfers that any person appears from any memorial of registration of any deed, conveyance, or other instrument to be the owner of any land; or

    (ii) the Registrar of Titles, or any assistant or deputy registrar, that any person's name appears in the Register under the Transfer of Land Act 1893, as owner of any land; or

    (iii) the Executive Director, Department of Land Administration 6 or the chief executive officer 7 of the Department of Mines 8 of the Public Service of the State, that any person is registered in the Department of Land Administration 9, or the Department of Mines 8, as the lessee or occupier of any land,

    shall, until the contrary is proved, be evidence that such person is the owner, or occupier, as the case may be, of such land.

    (2) All courts and all persons having by law, or by consent of parties, authority to hear, receive, and examine evidence shall, for the purposes of this Act, take judicial notice of the signature attached to such certificate, and on the written application of the Director General of Agriculture 3, a certificate giving the name and address of such owner, or occupier, the situation and description of such land, and date of registration of title, shall be furnished by the proper officer.

    [Section 38 4 amended by No. 3 of 1949 s. 4; No. 53 of 1962 s. 7; No. 63 of 1981 s. 4; No. 14 of 1996 s. 4; No. 81 of 1996 s. 153(1).]

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.