Northern Territory Numbered Acts

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EVIDENCE (NATIONAL UNIFORM LEGISLATION) ACT 2011 (NO 33 OF 2011) - SECT 171

Persons who may give such evidence

    (1)     Such evidence may be given by:

    (a)     a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing; or

    (b)     except in the case of evidence of a fact that is to be proved in relation to a document or thing because of section 63, 64 or  65 – an authorised person.

    (2)     Despite subsection (1)(b), evidence must not be given under this section by an authorised person who, at the relevant time or afterwards, did not have a position of responsibility in relation to making or keeping the document or thing unless it appears to the court that:

    (a)     it is not reasonably practicable for the evidence to be given by a person who had, at the relevant time or afterwards, a position of responsibility in relation to making or keeping the document or thing; or

    (b)     having regard to all the circumstances of the case, undue expense would be caused by calling such a person as a witness.

    (3)     In this section:

"authorised person" means:

    (a)     a person before whom an affidavit may be given on oath and taken in a country or place outside the Territory under section 7(2) of the Oaths, Affidavits and Declarations Act ; or

    (b)     a police officer of or above the rank of sergeant; or

    (c)     a person authorised by the Attorney-General for the purposes of this section.

Note for subsection (3)

The Commonwealth Act, NSW Act and Victorian Act contain a different definition of authorised person .



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