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EVIDENCE ACT 1995 - SECT 182

Application of certain sections in relation to Commonwealth records, postal articles sent by Commonwealth agencies and certain Commonwealth documents

  (1)   Subject to this section, the provisions of this Act referred to in the following Table apply in relation to documents that:

  (a)   are, or form part of, Commonwealth records; or

  (b)   at the time they were produced were, or formed part of, Commonwealth records;

as if those sections applied to the extent provided for in section   5.

 

TABLE

Provisions of this Act

Subject matter

Sections   47, 48, 49 and 51

Documentary evidence

Section   69

Hearsay exception for business records

Subsection   70(1)

Hearsay exception for tags, labels and other writing

Section   71

Hearsay exception for electronic communications

Section   147

Documents produced by processes, machines etc. in the course of business

Section   149

Attestation of documents

Section   152

Documents produced from proper custody

Section   156

Public documents

Sections   161 and 162

Electronic communications , lettergrams and telegrams

Division   1 of Part   4.6

Requests to produce documents or call witnesses

Division   2 of Part   4.6

Proof of certain matters by affidavit or written statements

Section   183

Inferences about documents etc.

  (2)   For the purposes of subsection   ( 1), section   69, subsection   70(1) and section   71 apply in relation to proceedings, other than proceedings in a federal court, as if the references in those sections to the hearsay rule were references to any rule of law restricting the admissibility or use of hearsay evidence.

  (3)   Subsection   ( 1) applies to subsection   70(1) only in relation to tags or labels that may reasonably be supposed to have been attached to objects in the course of carrying on an activity engaged in by a body, person or organisation referred to in the definition of Commonwealth record in the Dictionary.

  (4)   For the purposes of subsection   ( 1) in relation to the application of subsection   70(1):

  (a)   the reference in subsection   ( 1) to documents includes a reference to writing placed on objects; and

  (b)   the reference in subsection   ( 3) to tags or labels attached to objects includes a reference to writing placed on objects.

  (4A)   Section   160 applies in relation to postal articles sent by a Commonwealth agency as if that section applied to the extent provided for in section   5.

  (4B)   Sections   47, 48, 49, 51, 147, 149 and 152, Divisions   1 and 2 of Part   4.6 and section   183 apply in relation to a Commonwealth document that:

  (a)   is in the possession of a Commonwealth entity; or

  (b)   has been destroyed but was, immediately before its destruction, in the possession of a Commonwealth entity or someone else to whom it had been given by a Commonwealth entity for destruction;

as if the section or Division applied to the extent provided for in section   5.

  (5)   This section does not derogate from the operation of a law of a State or Territory that enables evidence of a matter referred to in this section to be given.

Note :   Section   5 extends the operation of this provision to proceedings in all Australian courts.


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