Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - 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 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 gives this section a wider application in relation to Commonwealth records.



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