Victorian Current Acts

EVIDENCE ACT 2008 - SECT 156

    (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 such 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 the purposes of subsection (2) if the officer sends it by prepaid post, or causes it to be delivered, 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

Section 182 of the Commonwealth Act gives section 156 of the Commonwealth Act a wider application in relation to Commonwealth records.