Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 96

Financial records are prima facie evidence of matters

  (1)   In proceedings in a court, a financial record kept under this Division is admissible as prima facie evidence of any matter in the financial record.

  (2)   A document purporting to be a financial record kept by a licensee under this Division is, unless the contrary is proved, presumed to be a financial record kept by the licensee under this Division.

  (3)   If:

  (a)   because of subsection   (1) a financial record is prima facie evidence of a matter; and

  (b)   the financial record, or a part of the financial, is kept or prepared by recording or storing matters (including that matter) by means of a mechanical, electronic or other device;

a written reproduction of that matter as so recorded or stored is admissible as prima facie evidence of that matter in a proceeding in a court.

  (4)   A written document that purports to reproduce a matter recorded or stored by means of a mechanical, electronic or other device is, unless the contrary is proved, presumed to be a reproduction of that matter.


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