New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 71

Exception: electronic communications

71 Exception: electronic communications

The hearsay rule does not apply to a representation contained in a document recording an electronic communication so far as the representation is a representation as to:

(a) the identity of the person from whom or on whose behalf the communication was sent, or
(b) the date on which or the time at which the communication was sent, or
(c) the destination of the communication or the identity of the person to whom the communication was addressed.
Notes :
1 Division 3 of Part 4.3 contains presumptions about electronic communications.
2 Section 182 of the Commonwealth Act gives section 71 of the Commonwealth Act a wider application in relation to Commonwealth records.
3
"Electronic communication" is defined in the Dictionary.



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