Queensland Consolidated Acts

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EVIDENCE ACT 1977 - SECT 104

Definitions for part

104 Definitions for part

In this part—

"affidavit" includes statutory declarations.

"business" includes any undertaking.

"machine copy" , in relation to a document, means a copy of the document made by a machine performing a process—

(a) involving the production of a latent image of the document (not being a latent image on photosensitive material on a transparent base) and the development of that image by chemical means or otherwise; or
(b) that, without the use of photosensitive material, produces a copy of the document simultaneously with the making of the document.

"original document" means—
(a) when referred to in connection with the production of a document in answer to legal process issued by a court, the document that would, if this part had not been enacted, be required to be produced in answer to that process; or
(b) when referred to in connection with the admissibility of a document in evidence in a proceeding—
(i) a document that would, if this part had not been enacted, be admissible in evidence in that proceeding in lieu of another document where a party to the proceeding failed to produce that other document in response to notice to do so given to the party by another such party; or
(ii) any other document that would, if this part had not been enacted, be admissible in evidence in that proceeding.

"reproduction" in relation to a document means a machine copy of the document or a print made from a transparency of the document and
"reproduce" and any derivatives thereof have a corresponding meaning.

"transparency" , in relation to a document, means—
(a) a developed negative or positive photograph of that document (an
"original photograph" ) made on a transparent base by means of light reflected from, or transmitted through, the document; or
(b) a copy of an original photograph made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with the original photograph; or
(c) any 1 of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with a copy referred to in paragraph (b) of this definition, and each succeeding copy in the series being made, in the same manner, from any preceding copy in the series.



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