Australian Capital Territory Current Acts

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EVIDENCE ACT 2011 - SECT 156

Public documents

    (1)     A document that purports to be a copy of, or an extract from or summary of, a public document and to have been—

        (a)     sealed with the seal of a person who, or a body that, might reasonably be supposed to have the custody of the public document; or

        (b)     certified as a copy, extract or summary by a person who might reasonably be supposed to have custody of the public document;

is presumed, unless the contrary is proved, to be a copy of the public document, or an extract from or summary of the public document.

    (2)     If an officer entrusted with the custody of a public document is required by a court to produce the public document, it is sufficient compliance with the requirement for the officer to produce a copy of, or extract from, the public document if it purports to be signed and certified by the officer as a true copy or extract.

    (3)     It is sufficient production of a copy or extract for subsection (2) if the officer sends it by prepaid post, or delivers it, to—

        (a)     the proper officer of the court in which it is to be produced; or

        (b)     the person before whom it is to be produced.

    (4)     The court before which a copy or extract is produced under subsection (2) may direct the officer to produce the original public document.

Note     The Commonwealth Act

, s 182 gives the Commonwealth Act

, s 156 a wider application in relation to Commonwealth records.



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