Part 4Documents and other records

Part 4—Documents and other records Division 1—Public Acts and documents 35—Judicial notice of legislative instruments (1) A court must take judicial notice of a legislative instrument. (2) In this section— legislative instrument means— (a) an Act of this State, or an Act or ordinance of any other State or a Territory of the Commonwealth; (b) an Act of the Imperial Parliament that forms part of the law of this State or of any other State or a Territory of the Commonwealth; (c) a regulation, rule, by-law or other form of subordinate legislation made under the law of this State or of any other State or a Territory of the Commonwealth; (d) a proclamation, order or notice published in the Gazette or the corresponding official publication of some other State or a Territory of the Commonwealth; (e) an Act or other instrument of a kind referred to in a preceding paragraph as published or republished under— (i) the Legislation Revision and Publication Act 2002; or (ii) a former Act, or provision of an Act, of this State that provided for the reprinting or consolidation of any such instruments; or (iii) a corresponding Act or ordinance of any other State or a Territory of the Commonwealth. 35A—Evidence of date of assent to Act The date appearing— (a) on a copy of an Act printed or published, or purporting to be printed or published, by the Government Printer; or (b) on a copy of an Act published under the Legislation Revision and Publication Act 2002 or in material published in relation to such an Act on a website prescribed by regulations made for the purposes of section 9(3) of the Legislation Revision and Publication Act 2002, as the date on which the Governor assented to the Act, or made known Her Majesty's assent to the Act, is evidence that the date is the date on which the Governor so assented, or made known Her Majesty's assent, and will be judicially noticed accordingly. 36—Proof of votes and proceedings of Parliament All documents purporting to be copies of the votes and proceedings or journals or minutes of either House of Parliament, or of papers presented to either House of Parliament, if purporting to be printed or published by the Government Printer, shall on their mere production be admitted as evidence thereof. 37—Evidentiary value of official publications The Gazette or the corresponding official publication of some other State or a Territory of the Commonwealth is admissible in any legal proceedings as evidence of any legislative, judicial or administrative acts published or notified in it. 37A—Proof of Gazette The mere production of a document purporting to be the Gazette shall in all courts be evidence that the document is the Gazette and was published on the day on which it bears date. 37B—Proof of printing or publishing by Government Printer The mere production of a document purporting to be printed or published by the Government Printer or by the authority of the Government of the State will in all courts be evidence that the document was printed or published by the Government Printer or by such authority. 37C—Proof of Imperial orders-in-Council (1) In this section— Imperial order-in-Council means— (a) any letters patent or Imperial order-in-Council; or (b) any admiralty map or chart issued by, or under the authority of, the Government of Great Britain, or the United Kingdom. (2) Evidence of the making and contents of an Imperial order-in-Council may be given by production of a document purporting to be certified by the Secretary to the Attorney-General as a true copy of the Imperial order-in-Council. (3) A statement in a document produced in evidence under subsection (2) of this section as to the date of publication of the Imperial order-in-Council shall be evidence that the Imperial order-in-Council was published on that date. 38—Foreign and Colonial Acts of State, judgments etc provable by copies (1) Evidence of any proclamation, treaty, or other act of State, of any foreign State, or in any part of His Majesty's Dominions outside the Commonwealth and other than the United Kingdom, may be given by the production of a document, purporting to be a copy thereof and— (a) proved to be an examined copy thereof; or (b) purporting to be sealed with the seal of the foreign State or of the said part of His Majesty's Dominions. (2) Evidence of any judgment, decree, order or other judicial proceeding of any court of justice in the United Kingdom or in any foreign State or part of His Majesty's Dominions outside the Commonwealth and other than the United Kingdom (including any affidavit, pleading, or other legal document filed or deposited in the court) may be given by the production of a document purporting to be a copy thereof; and (a) proved to be an examined copy thereof; or (b) purporting to be sealed with the seal of such court; or (c) purporting to be signed by a judge of such court with a statement in writing attached by him to his signature that such court has no seal, and without proof of his judicial character, or of the truth of such statement. (3) If any such document as aforesaid purports to be sealed or signed as aforesaid it shall be admissible without proof of the seal or of the signature as the case may be. 39—Public documents provable by examined or certified copy (1) Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no Act exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence, (a) if it is proved to be an examined copy or extract; or (b) it purports to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted. (2) Every such officer is hereby required to furnish such certified copy or extract to any person applying for the same at a reasonable time, upon payment of a reasonable sum for the same, not exceeding five cents for every folio of ninety words. 40—Proof of documents by examined or certified copies Whenever any book, or other document, in the United Kingdom, or in any part of His Majesty's Dominions outside the Commonwealth and other than the United Kingdom, is provable (according to the law of England, or of the said part of His Majesty's Dominions) by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence if it— (a) is proved to be an examined copy or extract; or (b) purports to be signed and certified as a true copy or extract by some officer who shall further certify that he is the officer to whose custody the original is entrusted. 41—Certifying a false document If any officer authorised or required by this Act to furnish any certified copy or extract shall wilfully certify any document as being a true copy or extract, knowing that the same is not a true copy or extract, as the case may be, he shall be guilty of an offence, and be liable, on conviction, to imprisonment for any term not less than eighteen months or more than three years. Division 2—Proof of convictions, acquittals etc 42—Proof of conviction or acquittal of an indictable offence (1) The information, trial, and conviction, or acquittal of any person for an indictable offence may be proved by a certificate purporting to be under the hand of the Registrar of the Supreme Court or the District Court or the associate or other officer having the custody of the records of the court where such conviction, or acquittal took place, or of the deputy of such associate or other officer. (2) The certificate may set forth the substance and effect of the record omitting the formal parts thereof. (3) A conviction for any offence committed in any other State or any Territory of the Commonwealth may be proved by a like certificate. (4) No proof shall be required of the handwriting or official position of any person certifying in pursuance of this section. (5) The mode of proof authorised by this section shall be in addition to and not to the exclusion of any other authorised mode of proof. 43—Proof of convictions and orders of courts of summary jurisdiction (1) Any conviction, order of dismissal or other order made by a court of summary jurisdiction may be proved in any court whatever by the production of a copy of such conviction, order of dismissal or other order, purporting to be certified by the clerk of the court by which such conviction, order of dismissal or other order was made, or by the deputy of such clerk. (2) No proof shall be required of the signature or official character of the person appearing to have signed any such copy as aforesaid. (3) This section shall apply to any conviction, order of dismissal or other order made before or after the commencement of this Act. (4) In this section the expression court of summary jurisdiction shall mean any court, by whatever name called, which in any State or Territory of the Commonwealth has jurisdiction to try offences summarily. 43A—Proof of identity of person convicted in another State For the purpose of proving the identity of any person alleged to have been convicted in any other State, or any Territory of the Commonwealth, an affidavit substantially in the form of Schedule 4 shall be admissible in evidence in all courts and shall be prima facie evidence that the person whose finger-prints are exhibited thereto— (a) is the person who in any document exhibited to the said affidavit and purporting to be a certificate of conviction or a certified copy of conviction, is referred to as having been convicted; (b) has been convicted of the offences mentioned in the said affidavit. Division 3—Documents relating to ships or transport 44—Registers of British vessels and certificates of registry admissible as prima facie evidence of their contents (1) Every register of vessels kept under any of the Acts of the Imperial Parliament relating to the registry of British vessels, may be proved either by the production of the original or by an examined copy thereof, or by a copy thereof purporting to be certified under the hand of the person having the charge of the original. (2) Every such register, or such copy of a register, and also every certificate of registry granted under any of the said Acts relating to the registry of British vessels, and purporting to be signed as required by law, shall be received in evidence as prima facie proof of all the matters contained or recited in such register when the register or such copy thereof as aforesaid is produced, and of all matters contained or recited in or endorsed on such certificate of registry when the said certificate is produced. 45—Documents relating to transportation of persons or goods (1) An apparently genuine document purporting to be a document of a prescribed nature and to relate to the transportation or shipment of any person or goods, from one place to another— (a) shall be admissible in evidence on production without further proof; and (b) shall be evidence of any fact stated, or referred to, in the document, or to be inferred from the document, and where the document relates to the shipment of goods, shall be evidence that the ownership of goods referred to in the document is in the consignee named in the document or his assignee. (2) Evidence of the description of any package or property, or of any inscription or mark upon any package or property shall be admissible (without production of the original inscription or mark) for the purpose of raising an inference as to the identity of the package or property with that referred to in a document admissible in evidence under this section. (3) For the purpose of determining the evidentiary weight, if any, of a document admitted in evidence under this section, consideration shall be given to the source from which the document is produced, the safeguards (if any) that have been taken to ensure its accuracy and any other relevant matters. document of a prescribed nature means— (a) bill of lading, manifest, shipping receipt, consignment note, way-bill, delivery sheet, register or order, invoice, ticket, passenger list or register, and any document of a like nature; or (b) any reproduction of any such document by photographic, photostatic, lithographic or other like process; shipment means carriage by any means by air, land or water. Division 4—Banking records 46—Interpretation In this Division— bank means— (a) a body corporate carrying on the business of banking in a State or Territory of the Commonwealth; or (d) any other body that accepts money on deposit from the public; banking records means— (a) books of account, accounts, and accounting records (including working papers and other documents necessary to explain the methods and calculations by which accounts are made up); and (b) books, diaries, or other records used in the course of carrying on the business of a bank; and (c) cheques, bills of exchange, promissory notes, deposit slips, orders for the payment of money, invoices, receipts and vouchers; and (d) securities, and documents of title to securities, in the possession or control of a bank; copy, in relation to a banking record made by microfilming or by a mechanical or electronic process, means a document produced from the record containing, in an intelligible form, the information stored in the record. 47—Admission of banking record in evidence (1) Subject to subsection (2), a copy of a banking record is admissible in legal proceedings as evidence— (a) of the record; and (b) of the transactions or matters to which the record relates. (2) The copy shall not be admitted in evidence unless it is first proved— (a) that the record was compiled in the ordinary course of business; and (b) that the record is in the custody or control of the bank; and (c) that reasonable steps have been taken to ensure that the copy is an accurate copy of the record, or accurately reproduces information stored in the record. (3) Evidence may be given orally or by affidavit by an officer of the bank for the purpose of proving the matters referred to in subsection (2). 48—Evidence of non-existence of account may be given by affidavit An affidavit made by an officer of a bank stating that a person named in the affidavit had at a time, or over a period, specified in the affidavit no account at the bank, or at a specified branch, is admissible in legal proceedings as evidence of the fact stated. 49—Power to order inspection of banking records etc (1) On the application of any party to a legal proceeding a judge may order that such party be at liberty to inspect and take copies of a banking record for any of the purposes of such proceedings. (1a) Where— (a) a Judge of the Supreme Court; or (b) a District Court Judge; or (c) a Magistrate, is satisfied on the application of a member of the police force or an officer of the Corporate Affairs Commission that it would be in the interests of the administration of justice to permit the applicant to inspect and take copies of banking records, the Judge may order that the applicant be at liberty to inspect and take copies of those banking records. (2) An order under this section may be made either with or without summoning the bank or any other person, and shall be served on the bank three clear days before the same is to be obeyed, unless the judge otherwise directs. Any Sunday or public holiday shall be excluded from the computation of time under this section. (3) Subject to subsection (4), where an order is made under subsection (1a), the applicant shall cause a copy of the order to be served personally or by post on the person subject to investigation within six months of the date of the order or such further period as may be allowed by a Judge. Maximum penalty: $1 000. (4) Service of a copy of an order is not required under subsection (3)— (a) if evidence of the commission of an offence was obtained in pursuance of the order and, within the period allowed under subsection (3) for service of a copy of the order, the person subject to investigation is charged with that offence; or (b) if the whereabouts of the person on whom the copy is to be served is unknown and not ascertainable by reasonable inquiry. (5) A reference in subsection (3) or (4) to the person subject to investigation shall be construed as a reference to the person to whose financial transactions the banking records subject to inspection in pursuance of an order under subsection (1a) relate. (6) Copies of applications made under subsection (1a) shall be retained for a period of six years— (a) in the case of applications made by members of the police force—by the Commissioner of Police; and (b) in the case of applications made by officers of the Corporate Affairs Commission—by the Corporate Affairs Commission. (7) The Commissioner of Police shall in each calendar year report to the Minister responsible for the police force the number of applications made under subsection (1a) by members of the police force during the previous calendar year, and the Corporate Affairs Commission shall in each calendar year report to the Minister to whom it is responsible the number of applications made under subsection (1a) by officers of the Commission during the previous calendar year. (8) A report under subsection (7) may be incorporated in any other annual report that the Commissioner of Police or the Corporate Affairs Commission (as the case may be) is required by or under statute to make to the Minister to whom the report under that subsection is to be submitted. (9) A person who divulges, otherwise than in the course of his official duties, information obtained by him by virtue of an order under subsection (1a) shall be guilty of an offence and liable to a penalty not exceeding $5 000. 50—Bank not compellable to produce records except under order A bank or officer of a bank shall not in any legal proceeding to which the bank is not a party be compellable— (a) to produce any banking record, the contents of which can be proved under this Act; or (b) to appear as a witness to prove the matters, transactions, and accounts recorded in a banking record, unless by order of a judge made for special cause. 51—Costs occasioned by default of bank (1) Costs occasioned by a default or delay by a bank in complying with an order under this Part (not being an order under section 49(1a)) may be awarded by the judge against the bank. (2) Any such order against a bank may be enforced as if the bank were a party to the proceedings in aid of which the application is made. Division 5—Other documents and records 52—Admission of certain documents in evidence (1) An apparently genuine document purporting to contain a statement of fact, or written, graphical or pictorial matter in which a statement of fact is implicit, or from which a statement of fact may be inferred is, subject to this section, admissible in evidence. (2) A document must not be admitted in evidence under subsection (1) if the court is not satisfied that the person by whom, or at whose direction, the document was prepared could, at the time of the preparation of the document have deposed of his or her own knowledge to the statement that is contained or implicit in, or may be inferred from, the contents of the document. (3) A document must not be admitted in evidence under subsection (1) if the court is of the opinion— (a) that the person by whom, or at whose direction, the document was prepared can and should be called by the party tendering the document to give evidence of the matters contained in the document; or (b) that the evidentiary weight of the document is slight and is outweighed by the prejudice that might result to any of the parties from the admission of the document in evidence; or (c) that it would be otherwise contrary to the interests of justice to admit the document in evidence. (4) In determining whether to admit a document in evidence under this section, the court may receive evidence by affidavit of any matter pertaining to the admission of that document in evidence. (5) For the purpose of determining the evidentiary weight (if any) of a document admitted in evidence under this section, consideration must be given to the source from which the document was produced, the safeguards (if any) that have been taken to ensure its accuracy, and any other relevant matters. 53—Admission of business records in evidence (1) An apparently genuine document purporting to be a business record— (a) is admissible in evidence without further proof; and (b) is evidence of a fact stated in the record, or any fact that may be inferred from the record (whether the inference arises wholly from the matter contained in the record, or from that matter in conjunction with other evidence). (2) A document must not be admitted in evidence under subsection (1) if the court is of the opinion— (a) that the person by whom, or at whose direction, the document was prepared can and should be called by the party tendering the document to give evidence of the matters contained in the document; or (b) that the evidentiary weight of the document is slight and is outweighed by the prejudice that might result to any of the parties from the admission of the document in evidence; or (c) that it would be otherwise contrary to the interests of justice to admit the document in evidence. (3) For the purpose of determining the evidentiary weight (if any) of a document admitted in evidence under subsection (1), consideration must be given to the source from which the document is produced, the safeguards (if any) that have been taken to ensure its accuracy, and any other relevant matters. business means business, occupation, trade or calling and includes the business of any governmental or local governmental body or instrumentality; business record means— (a) any book of account or other document prepared or used in the ordinary course of a business for the purpose of recording any matter relating to the business; or (b) any reproduction of any such record by photographic, photostatic, lithographic or other like process.