Western Australian Current Acts

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STATE RECORDS ACT 2000 - SECT 79

79 .         Evidential matters

        (1)         A copy of a government organization’s record keeping plan certified by a member of the Commission is evidence of the plan and its contents and of the fact that it has been made and approved under this Act.

        (2)         If under a State organization’s record keeping plan a State record is reproduced in another form, the reproduction has the same evidential value as the record, in the absence of evidence to the contrary.

        (3)         For the purposes of subsection (2) a certificate signed by the individual who under section 10 is responsible for a government organization complying with this Act, or by his or her delegate, certifying that a record is a reproduction of a government record that has been reproduced under the organization’s record keeping plan is evidence of the certificate’s contents.

        (4)         A copy of a State archive certified as a copy by the Director has the same evidential value as the original, in the absence of evidence to the contrary.

        (5)         Unless the contrary is proved, it is to be presumed that a certificate under this section, purporting to have been signed by a person who is authorised to sign it was signed by a person who at the time was authorised to sign it.

        (6)         Subsections (2) to (5) are in addition to and do not affect the operation of the Evidence Act 1906 .



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