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» » 171. Persons who may give such evidence
2009-07-12

171. Persons who may give such evidence

171. Persons who may give such evidence

(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.

(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 124 of the Evidence Act 1958; 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.

Posted by Dr Manhattan at 10:40 AM
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