sec.107Use of photographing machines

### sec.107 Use of photographing machines For this part, a regulation may declare a machine to be an approved machine. Subject to this part, but in addition to and without derogating from the provisions of section 106 (1) , a print made from a transparency of an original document (being a document made or used in the course of business) shall be admissible in evidence in a proceeding to the extent to which the contents of the original document would have been admissible, whether the document is still in existence or not, upon proof that the transparency was made in good faith by using a machine that, at the time the transparency was made, was an approved machine and that the print is a print of the image on the transparency. Without prejudice to any other mode of proof an affidavit purporting to have been made by a person at or about the time the person photographed a document by means of an approved machine— stating the person’s full name, address and occupation and the person’s functions or duties (if any) in relation to copying documents; and identifying or describing the document and indicating whether the document is itself a reproduction; and stating the day upon which the document was photographed, the condition of the document at that time with respect to legibility and the extent of any damage to the document; and stating the person from whose custody or control the document was produced for photographing or on whose behalf or in the course of whose business the document was photographed; and identifying the approved machine and stating that the photographing was properly carried out in the ordinary course of business by the use of apparatus and materials in good working order and condition and in accordance with the conditions (if any) attaching to the approval of such machine as so notified; and stating that the document was photographed in good faith; shall be evidence, whether such person is available to be called as a witness or not, that a transparency of the document referred to in the affidavit was made in good faith by using an approved machine and bears an image of the document. s 107 amd 1995 No. 58 s 4 sch 1 ; 1999 No. 16 s 2 sch (sec.107-ssec.1) For this part, a regulation may declare a machine to be an approved machine. (sec.107-ssec.2) Subject to this part, but in addition to and without derogating from the provisions of section 106 (1) , a print made from a transparency of an original document (being a document made or used in the course of business) shall be admissible in evidence in a proceeding to the extent to which the contents of the original document would have been admissible, whether the document is still in existence or not, upon proof that the transparency was made in good faith by using a machine that, at the time the transparency was made, was an approved machine and that the print is a print of the image on the transparency. (sec.107-ssec.3) Without prejudice to any other mode of proof an affidavit purporting to have been made by a person at or about the time the person photographed a document by means of an approved machine— stating the person’s full name, address and occupation and the person’s functions or duties (if any) in relation to copying documents; and identifying or describing the document and indicating whether the document is itself a reproduction; and stating the day upon which the document was photographed, the condition of the document at that time with respect to legibility and the extent of any damage to the document; and stating the person from whose custody or control the document was produced for photographing or on whose behalf or in the course of whose business the document was photographed; and identifying the approved machine and stating that the photographing was properly carried out in the ordinary course of business by the use of apparatus and materials in good working order and condition and in accordance with the conditions (if any) attaching to the approval of such machine as so notified; and stating that the document was photographed in good faith; shall be evidence, whether such person is available to be called as a witness or not, that a transparency of the document referred to in the affidavit was made in good faith by using an approved machine and bears an image of the document. - (a) stating the person’s full name, address and occupation and the person’s functions or duties (if any) in relation to copying documents; and - (b) identifying or describing the document and indicating whether the document is itself a reproduction; and - (c) stating the day upon which the document was photographed, the condition of the document at that time with respect to legibility and the extent of any damage to the document; and - (d) stating the person from whose custody or control the document was produced for photographing or on whose behalf or in the course of whose business the document was photographed; and - (e) identifying the approved machine and stating that the photographing was properly carried out in the ordinary course of business by the use of apparatus and materials in good working order and condition and in accordance with the conditions (if any) attaching to the approval of such machine as so notified; and - (f) stating that the document was photographed in good faith;