Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 171

Persons who may give such evidence

  (1)   Such evidence 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, 64 or 65--an authorised person.

  (2)   Despite paragraph   (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 such a person as a witness.

  (3)   In this section:

"authorised person" means:

  (a)   if the evidence is given at a place outside Australia:

  (i)   an Australian Diplomatic Officer, or an Australian Consular Officer, within the meaning of the Consular Fees Act 1955 , exercising his or her function in that place; or

  (ii)   an employee of the Commonwealth, authorised under paragraph   3(c) of the Consular Fees Act 1955 , exercising his or her function in that place; or

  (iii)   an employee of the Australian Trade and Investment Commission, authorised under paragraph   3(d) of the Consular Fees Act 1955 , exercising his or her function in that place; or

  (b)   an AFP employee (within the meaning of the Australian Federal Police Act 1979 ); or

  (c)   a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or

  (d)   a person authorised by the Attorney - General for the purposes of this section.



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