Div 7Miscellaneous

Division 7—Miscellaneous 56—Evidence produced by processes, machines and other devices (1) This section applies to a document or thing— (a) that is produced wholly or partly by a device or process; and (b) that is tendered by a party to proceedings who asserts that, in producing the document or thing, the device or process has produced a particular outcome. (2) If a device or process is one that, or is of a kind that, if properly used, will ordinarily produce that outcome, it will be presumed, in the absence of evidence to the contrary, that, in producing the document or thing on the occasion in question, the device or process produced that outcome. It would not be necessary to call evidence to prove that a photocopier normally produced complete copies of documents and that it was working properly when it was used to photocopy a particular document. 57—Modification of best evidence rule (1) A document that reproduces the contents of another document is admissible in evidence before a court in the same circumstances, and for the same purposes, as that other document (whether or not that other document still exists). (2) This section applies to a reproduction made— (a) by an instantaneous process; or (b) by a process in which the contents of a document— (i) recorded by photographic, electronic or other means; or (ii) stored on a data storage device, are reproduced, whether in the same form or in some other form; or (c) in any other way. (3) If a court admits or refuses to admit a document under this section, the court must, if so requested by a party to the proceedings, state the reason for its decision. (4) In determining whether a particular document accurately reproduces the contents of another, a court is not bound by the rules of evidence and, in particular, the court may rely on its own knowledge of the nature and reliability of the processes by which the reproduction was made. A photograph displaying the contents of an image on a computer screen, or a transcript of sounds or words captured on an audio recording, may be admissible as a reproduction of the contents of the image or recording (as the case may be).