Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 70

Exception: contents of tags, labels and writing

  (1)   The hearsay rule does not apply to a tag or label attached to, or writing placed on, an object (including a document) if the tag or label or writing may reasonably be supposed to have been so attached or placed:

  (a)   in the course of a business; and

  (b)   for the purpose of describing or stating the identity, nature, ownership, destination, origin or weight of the object, or of the contents (if any) of the object.

Note:   Section   182 gives this subsection a wider application in relation to Commonwealth records.

  (2)   This section, and any provision of a law of a State or Territory that permits the use in evidence of such a tag, label or writing as an exception to a rule of law restricting the admissibility or use of hearsay evidence, does not apply to:

  (a)   a Customs prosecution within the meaning of Part   XIV of the Customs Act 1901 ; or

  (b)   an Excise prosecution within the meaning of Part   XI of the Excise Act 1901 .

Note :   Section   5 extends the application of this subsection to proceedings in all Australian courts.


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