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Bail Act 1982
47Evidence
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47 Evidence
(1) In any proceedings:
(a) a document purporting to be or to be a copy of a bail
undertaking given by an accused person, and to be certified
by an appropriate officer to be or to be a copy of the
undertaking, is admissible in evidence and is evidence of the
giving of the undertaking by the accused person and of its
terms; and
(b) a document purporting to be or to be a copy of the instrument
by which a bail condition was imposed in relation to an
accused person, and to be certified by an appropriate officer
to be or to be a copy of the instrument, is admissible in
evidence and is evidence of the imposing of the condition and
of its terms; and
(c) a certificate purporting to be signed by an appropriate officer
certifying that a specified bail condition:
(i) has not been altered or varied under this Act; or
(ii) has been altered or varied under this Act in a specified
manner and has not otherwise been altered or varied
under this Act;
is admissible in evidence and is evidence of the matters so
certified; and
(d) a document purporting to be or to be a copy of an
acknowledgement under section 27(2)(b), and to be certified
by an appropriate officer to be or to be a copy of the
acknowledgement, is admissible in evidence and is evidence
of the making of the acknowledgement and of its terms.
Bail Act 1982 48
(2) For subsection (1), an appropriate officer is:
(a) in the case of police bail – an authorised member; and
(b) in the case of court bail – an officer of the court having
custody of the bail undertaking given by the accused.
(3) In any proceedings:
(a) a certificate purporting to be signed by the Director of Public
Prosecutions or a person authorised by the Director in writing
in that behalf certifying that a notice referred to in
section 25(3) was given or sent to the accused person, or the
legal practitioner representing the accused person, in a
specified manner on a specified day is admissible in evidence
and shall be prima facie evidence of the matters so certified;
and
(b) a certificate purporting to be signed by a Supreme Court
Judge, Local Court Judge, justice of the peace, registrar of the
Local Court, sheriff or deputy sheriff and stating that a
specified person did not appear before a specified court, at a
specified place, on a specified day at a specified time is
admissible in evidence and is evidence of the matters so
certified.
(4) In any document:
(a) the words "authorised member" or "authorized member" after
a signature is evidence that the person whose signature it
purports to be is in fact an authorised member within the
meaning of this Act; and
(b) the words "appropriate officer" after a signature is evidence
that the person whose signature it purports to be is in fact an
appropriate officer as referred to in this section; and
(c) the words "authorised by the Director of Public Prosecutions"
or "authorized by the Director of Public Prosecutions" after a
signature is evidence that the person whose signature it
purports to be has in fact been authorised by the Director of
Public Prosecutions as referred to in section 25(3) and this
section;
in connection with the matter to which the document relates.
Bail Act 1982 49