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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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2009-07-05

71. Exception - electronic communications

71. Exception - electronic communications

The hearsay rule does not apply to a representation contained in a document
recording an electronic communication so far as the representation is a
representation as to-

(a) the identity of the person from whom or on whose behalf the communication was sent; or

(b) the date on which or the time at which the communication was sent; or

(c) the destination of the communication or the identity of the person to whom the communication was addressed.

Notes

1. Division 3 of Part 4.3 contains presumptions about electronic
communications.

2. Section 182 of the Commonwealth Act gives section 71 of the
Commonwealth Act a wider application in relation to Commonwealth records.

3. Electronic communication is defined in the Dictionary.

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