Victorian Current Acts

EVIDENCE ACT 2008 - SECT 155

    (1)     Evidence of a Commonwealth record or of a public document of this State, another State or a Territory may be adduced by producing a document that—

        (a)     purports to be such a record or document and to be signed or sealed by—

              (i)     a Minister of the Commonwealth, or a Minister of this or another State or a Territory, as the case requires; or

              (ii)     a person who might reasonably be supposed to have custody of the record or document; or

        (b)     purports to be a copy of or extract from the record or document that is certified to be a true copy or extract by—

              (i)     a Minister of the Commonwealth, or a Minister of this or another State or a Territory, as the case requires; or

              (ii)     a person who might reasonably be supposed to have custody of the record or document.

    (2)     If such a document is produced, it is presumed, unless evidence that is sufficient to raise doubt about the presumption is adduced, that—

        (a)     the document is the record, public document, copy or extract that it purports to be; and

        (b)     the Minister of the Commonwealth, Minister of this or that other State or the Territory or person—

              (i)     signed or sealed the record; or

              (ii)     certified the copy or extract as a true copy or extract—

as the case requires.

Note

This section differs from section 155 of the Commonwealth Act. The Commonwealth provision refers to evidence of a "public record" of a State or Territory rather than evidence of a "public document" of a State or Territory.