Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 115

115 Discovery, inspection and production where document destroyed or lost

(1) In this section—

"affidavit" includes—

(a) a transparency, made as provided in section 113 , of an affidavit; and

(b) a copy, certified as provided in section 114 , of an affidavit.

(2) This section applies to—

(a) a transparency of a destroyed or lost document, where a print made from the transparency would, subject to compliance with the conditions prescribed by this part for the purpose, be admissible in evidence in a proceeding; and

(b) an affidavit that would be evidence or, where the affidavit is itself in the form of a transparency, that could be the means of providing evidence, pursuant to this part, of compliance with those conditions in so far as they relate to the making of the transparency and the destruction or loss of the document.

(3) Where any person has the custody or control of a transparency and an affidavit to which this section applies and, but for the destruction or loss of the document from which the transparency was made would be required by any law, order of court, practice or usage—

(a) to give discovery of the document; or

(b) to produce the document for inspection; or

(c) to permit the making of a copy of the document or the taking of extracts therefrom; or

(d) to supply a copy of the document;

the law, order, practice or usage shall, subject to this section, be deemed to extend to the transparency and affidavit.

(4) For the purposes of this section—

(a) the obligation imposed by this section in respect of a requirement referred to in subsection (3) (b) shall be deemed to include an obligation—

(i) to provide proper facilities for reading the image on the transparency and, where the affidavit is itself in the form of a transparency, the image on the transparency of the affidavit; or

(ii) to produce for inspection a print made from the transparency and, where the affidavit is itself in the form of a transparency, a print made from the transparency of the affidavit, together in each case, with an affidavit that would under section 108 be evidence that the print was made in good faith and reproduces the image on the transparency; and

(b) the obligation imposed by this section in respect of a requirement referred to in subsection (3) (d) shall be deemed not to include an obligation to supply a copy of any transparency but to include, in lieu thereof, an obligation to supply the print and affidavit or, as the case may require, the prints and affidavits, referred to in paragraph (a) (ii) .

(5) Where any person has the custody or control of a transparency and an affidavit to which this section applies and is required by legal process issued by a court to produce to the court the document from which the transparency was made, that legal process shall be deemed to require the production by the person of—

(a) a print, made in good faith, that reproduces the image on the transparency; and

(b) the affidavit or, where the affidavit is itself in the form of a transparency, a print, made in good faith, that reproduces the image on the transparency of the affidavit.