QLDIn ForceAct
Evidence Act 1977
sec.104Definitions for part
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### sec.104 Definitions for part
In this part—
affidavit includes statutory declarations.
business includes any undertaking.
machine copy , in relation to a document, means a copy of the document made by a machine performing a process—
involving the production of a latent image of the document (not being a latent image on photosensitive material on a transparent base) and the development of that image by chemical means or otherwise; or
that, without the use of photosensitive material, produces a copy of the document simultaneously with the making of the document.
original document means—
when referred to in connection with the production of a document in answer to legal process issued by a court, the document that would, if this part had not been enacted, be required to be produced in answer to that process; or
when referred to in connection with the admissibility of a document in evidence in a proceeding—
a document that would, if this part had not been enacted, be admissible in evidence in that proceeding in lieu of another document where a party to the proceeding failed to produce that other document in response to notice to do so given to the party by another such party; or
any other document that would, if this part had not been enacted, be admissible in evidence in that proceeding.
reproduction in relation to a document means a machine copy of the document or a print made from a transparency of the document and reproduce and any derivatives thereof have a corresponding meaning.
transparency , in relation to a document, means—
a developed negative or positive photograph of that document (an original photograph ) made on a transparent base by means of light reflected from, or transmitted through, the document; or
a copy of an original photograph made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with the original photograph; or
any 1 of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with a copy referred to in paragraph (b) of this definition, and each succeeding copy in the series being made, in the same manner, from any preceding copy in the series.
s 104 amd 1990 No. 80 s 3 sch 1 ; 1993 No. 76 s 3 sch 1 ; 1995 No. 58 s 4 sch 1
- (a) involving the production of a latent image of the document (not being a latent image on photosensitive material on a transparent base) and the development of that image by chemical means or otherwise; or
- (b) that, without the use of photosensitive material, produces a copy of the document simultaneously with the making of the document.
- (a) when referred to in connection with the production of a document in answer to legal process issued by a court, the document that would, if this part had not been enacted, be required to be produced in answer to that process; or
- (b) when referred to in connection with the admissibility of a document in evidence in a proceeding— (i) a document that would, if this part had not been enacted, be admissible in evidence in that proceeding in lieu of another document where a party to the proceeding failed to produce that other document in response to notice to do so given to the party by another such party; or (ii) any other document that would, if this part had not been enacted, be admissible in evidence in that proceeding.
- (i) a document that would, if this part had not been enacted, be admissible in evidence in that proceeding in lieu of another document where a party to the proceeding failed to produce that other document in response to notice to do so given to the party by another such party; or
- (ii) any other document that would, if this part had not been enacted, be admissible in evidence in that proceeding.
- (i) a document that would, if this part had not been enacted, be admissible in evidence in that proceeding in lieu of another document where a party to the proceeding failed to produce that other document in response to notice to do so given to the party by another such party; or
- (ii) any other document that would, if this part had not been enacted, be admissible in evidence in that proceeding.
- (a) a developed negative or positive photograph of that document (an original photograph ) made on a transparent base by means of light reflected from, or transmitted through, the document; or
- (b) a copy of an original photograph made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with the original photograph; or
- (c) any 1 of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with a copy referred to in paragraph (b) of this definition, and each succeeding copy in the series being made, in the same manner, from any preceding copy in the series.