Australian Capital Territory Current Acts

EVIDENCE ACT 2011 - SECT 171

    (1)     Evidence mentioned in section 170 may be given by—

        (a)     a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing; or

        (b)     except in the case of evidence of a fact that is to be proved in relation to a document or thing because of section 63 (Exception—civil proceedings if maker not available), section 64 (Exception—civil proceedings if maker available) or section 65 (Exception—criminal proceedings if maker not available)—an authorised person.

    (2)     Despite subsection (1) (b), evidence must not be given under this section by an authorised person who, at the relevant time or afterwards, did not have a position of responsibility in relation to making or keeping the document or thing unless it appears to the court that—

        (a)     it is not reasonably practicable for the evidence to be given by a person who had, at the relevant time or afterwards, a position of responsibility in relation to making or keeping the document or thing; or

        (b)     having regard to all the circumstances of the case, undue expense would be caused by calling the person mentioned in paragraph (a) as a witness.

    (3)     In this section:

"authorised person" means—

        (a)     a person before whom an oath, declaration or affidavit may be taken or made outside the ACT (including outside Australia) under the Oaths and Affirmations Act 1984

, section 11 (Authority to administer oath etc); or

        (b)     a police officer of or above the rank of sergeant; or

        (c)     a person authorised by the Minister for this section.

Note 1     Oath includes affirmation (see Legislation Act

, dict, pt 1).

Note 2     The Commonwealth Act

and NSW Act

contain a different definition of authorised person .