Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EVIDENCE ACT 1995 - SECT 70

Exception: contents of tags, labels and writing

  (1)   The hearsay rule does not apply to a tag or label attached to, or writing placed on, an object (including a document) if the tag or label or writing may reasonably be supposed to have been so attached or placed:

  (a)   in the course of a business; and

  (b)   for the purpose of describing or stating the identity, nature, ownership, destination, origin or weight of the object, or of the contents (if any) of the object.

Note:   Section   182 gives this subsection a wider application in relation to Commonwealth records.

  (2)   This section, and any provision of a law of a State or Territory that permits the use in evidence of such a tag, label or writing as an exception to a rule of law restricting the admissibility or use of hearsay evidence, does not apply to:

  (a)   a Customs prosecution within the meaning of Part   XIV of the Customs Act 1901 ; or

  (b)   an Excise prosecution within the meaning of Part   XI of the Excise Act 1901 .

Note:   Section   5 extends the application of this subsection to proceedings in all Australian courts.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback