Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 155A

Evidence of Commonwealth documents

             (1)  Evidence of a Commonwealth document may be adduced by producing a document that purports to be, or to be a copy of or extract from, the Commonwealth document that is certified to be the Commonwealth document, or to be a true copy or extract, as the case may be, by:

                     (a)  a Minister; or

                     (b)  a person who might reasonably be supposed to have custody of the Commonwealth document.

             (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 Commonwealth document, or the copy of or extract from the Commonwealth document, that it purports to be; and

                     (b)  the Minister or person certified the document as being the Commonwealth document or a true copy or extract, as the case requires.

Note 1:       The NSW Act has no equivalent provision for section 155A.

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



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