Victorian Current Acts

EVIDENCE ACT 2008 - SECT 147

    (1)     This section applies to a document—

        (a)     that is produced wholly or partly by a device or process; and

        (b)     that is tendered by a party who asserts that, in producing the document, the device or process has produced a particular outcome.

    (2)     If—

        (a)     the document is, or was at the time it was produced, part of the records of, or kept for the purposes of, a business (whether or not the business is still in existence); and

        (b)     the device or process is or was at that time used for the purposes of the business—

it is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) that, in producing the document on the occasion in question, the device or process produced that outcome.

    (3)     Subsection (2) does not apply to the contents of a document that was produced—

        (a)     for the purpose of conducting, or for or in contemplation of or in connection with, an Australian or overseas proceeding; or

        (b)     in connection with an investigation relating or leading to a criminal proceeding.

Note

Section 182 of the Commonwealth Act gives section 147 of the Commonwealth Act a wider application in relation to Commonwealth records and certain Commonwealth documents.