Victorian Current Acts

EVIDENCE ACT 2008 - SECT 171

    (1)     Such evidence may be given by—

        (a)     a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing; or

        (b)     except in the case of evidence of a fact that is to be proved in relation to a document or thing because of section 63, 64 or 65—an authorised person.

    (2)     Despite subsection (1)(b), evidence must not be given under this section by an authorised person who, at the relevant time or afterwards, did not have a position of responsibility in relation to making or keeping the document or thing unless it appears to the court that—

        (a)     it is not reasonably practicable for the evidence to be given by a person who had, at the relevant time or afterwards, a position of responsibility in relation to making or keeping the document or thing; or

        (b)     having regard to all the circumstances of the case, undue expense would be caused by calling such a person as a witness.

S. 171(3)(a) amended by No. 6/2018 s. 65(4).

    (3)     In this section, "authorised person" means—

        (a)     a person before whom an affidavit may be sworn and taken in a country or place outside the State under section 21 of the Oaths and Affirmations Act 2018 ; or

        (b)     a member of the police force above the rank of sergeant; or

        (c)     a person authorised by the Attorney-General for the purposes of this section.

Note

The Commonwealth Act and New South Wales Act contain a different definition of authorised person .