Australian Capital Territory Repealed Acts

This legislation has been repealed.

EVIDENCE ACT 1971 (REPEALED) - SECT 30

    (1)     If direct oral evidence of an opinion would be admissible in a proceeding, an opinion expressed in a document made by a person expressing the opinion or by another person under the first person's direction is, subject to this part, admissible as evidence of the opinion in the proceeding if—

        (a)     the person expressing the opinion would, if called as a witness in the proceeding, have been qualified to give evidence of the opinion; and

        (b)     the court is satisfied that the facts on which the opinion was based sufficiently appear from—

              (i)     the form or contents of the document; or

              (ii)     the circumstances in which the document expressing the opinion was made; and

and that those facts are facts in relation to which evidence is given in the proceedings; and

        (c)     the person expressing the opinion—

              (i)     is dead; or

              (ii)     is outside Australia and it is not reasonably practicable to secure his or her attendance; or

              (iii)     is unfit because of old age or bodily or mental condition to appear as a witness; or

              (iv)     cannot with reasonable diligence be found.

    (2)     If, in a civil proceeding, direct oral evidence of an opinion would be admissible, a statement in a document expressing that opinion is (whether or not it would be admissible under subsection (1)) evidence of that opinion if—

        (a)     the conditions referred to in subsection (1) (a) and (b) are satisfied; and

        (b)     the court or judge is satisfied that undue delay or expense would be caused by requiring the attendance as a witness of the person expressing the opinion.