Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 155

             (1)  Evidence of a Commonwealth record or of a public record of a State or Territory may be adduced by producing a document that:

                     (a)  purports to be such a record and to be signed or sealed by:

                              (i)  a Minister, or a Minister of the State or Territory, as the case requires; or

                             (ii)  a person who might reasonably be supposed to have custody of the record; or

                     (b)  purports to be a copy of or extract from the record that is certified to be a true copy or extract by:

                              (i)  a Minister, or a Minister of the State or Territory, as the case requires; or

                             (ii)  a person who might reasonably be supposed to have custody of the record.

             (2)  If such a document is produced, it is presumed, unless evidence that is sufficient to raise doubt about the presumption is adduced, that:

                     (a)  the document is the record, copy or extract that it purports to be; and

                     (b)  the Minister, Minister of the State or Territory or person:

                              (i)  signed or sealed the record; or

                             (ii)  certified the copy or extract as a true copy or extract;

                            as the case requires.

Note 1:       Subsection 155(1) differs from subsection 155(1) of the NSW Act. The NSW provision refers to evidence of a public document of a State or Territory rather than evidence of a public record of a State or Territory.

Note 2:       Section 5 extends the application of this section to proceedings in all Australian courts.