Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 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.

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

Note 2:   Section   182 gives this section a wider application in relation to Commonwealth records.

Note 3:   Electronic communication is defined in the Dictionary.


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