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This blog was started back when the Evidence Act 2008 was nothing more than a gleam in Parliament's eye. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find.

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2009-07-11

155. Evidence of official records

155. Evidence of official records

(1) Evidence of a Commonwealth record or of a public document of this State, another State or a Territory may be adduced by producing a document that-

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

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

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

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

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

(ii) a person who might reasonably be supposed to have custody of the record or 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 record, public document, copy or extract that it purports to be; and

(b) the Minister of the Commonwealth, Minister of this or that other State or the 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

This section differs from section 155 of the Commonwealth Act. The Commonwealth provision refers to evidence of a "public record" of a State or Territory rather than evidence of a "public document" of a State or Territory.

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