147. Documents produced by processes, machines and other devices in the course of business

147. Documents produced by processes, machines and other devices in the course of business

(1) This section applies to a document-

(a) that is produced wholly or partly by a device or process; and

(b) that is tendered by a party who asserts that, in producing the
document, the device or process has produced a particular outcome.

(2) If-

(a) the document is, or was at the time it was produced, part of the records of, or kept for the purposes of, a business (whether or not the business is still in existence); and

(b) the device or process is or was at that time used for the purposes of
the business-

it is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) that, in producing the document on the occasion in question, the device or process produced that outcome.

(3) Subsection (2) does not apply to the contents of a document that was
produced-

(a) for the purpose of conducting, or for or in contemplation of or in connection with, an Australian or overseas proceeding; or

(b) in connection with an investigation relating or leading to a criminal proceeding.

Note

Section 182 of the Commonwealth Act gives section 147 of the Commonwealth Act a wider application in relation to Commonwealth records and certain Commonwealth documents.

Businesses are defined in Part 2 Clause 1 of the Dictionary.

In Williams v Brian [2010] ACTSC 39 the downloads from a GPS device were held to fall within this category of evidence.