New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 146

Evidence produced by processes, machines and other devices

146 Evidence produced by processes, machines and other devices

(1) This section applies to a document or thing:
(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 or thing, the device or process has produced a particular outcome.
(2) If it is reasonably open to find that the device or process is one that, or is of a kind that, if properly used, ordinarily produces that outcome, it is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) that, in producing the document or thing on the occasion in question, the device or process produced that outcome.
Example:
It would not be necessary to call evidence to prove that a photocopier normally produced complete copies of documents and that it was working properly when it was used to photocopy a particular document.



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