sec.95Admissibility of statements in documents or things produced by processes or devices

### sec.95 Admissibility of statements in documents or things produced by processes or devices In a proceeding where direct oral evidence of a fact would be admissible, a statement contained in a document or thing produced wholly or partly by a device or process and tending to establish that fact is, subject to this part, admissible as evidence of that fact. A court may presume the process or device produced the document or thing containing the statement if the court considers an inference can reasonably be made that the process or device, if properly used, produces a document or thing of that kind. In a proceeding, a certificate purporting to be signed by a responsible person for the process or device and stating any of the following matters is evidence of the matter for the purpose of subsection (2) — that the document or thing was produced wholly or partly by the process or device; that the document or thing was produced wholly or partly in a particular way by the process or device; that, if properly used, the process or device produces documents or things of a particular kind; any particulars relevant to a matter mentioned in paragraph (a) , (b) or (c) . A person who signs a certificate mentioned in subsection (3) commits an offence if— a matter is stated in the certificate that the person knows is false or ought reasonably to know is false; and the statement of the matter is material in the proceeding. Maximum penalty—20 penalty units or 1 year’s imprisonment. If a party (the relying party ) to a proceeding intends to rely on the certificate, the party must give a copy of the certificate to each other party to the proceeding— at least 10 business days before the hearing day; or if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a) —by a later date allowed by the court. If a party to the proceeding, other than the relying party, intends to challenge a matter stated in the certificate, the party must give the relying party notice in writing of the matter to be challenged— at least 3 business days before the hearing day; or if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a) —by a later date allowed by the court. In this section— hearing day means the day fixed for the start of the hearing of the proceeding. responsible person , for a process or device that produced a document or thing, means a person responsible, at or about the time the process or device produced the document or thing, for— the operation of the process or device; or the management of activities for which the document or thing was produced by the process or device. s 95 amd 1979 No. 2 s 10 ; 1988 No. 88 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 sub 2014 No. 39 s 54 (sec.95-ssec.1) In a proceeding where direct oral evidence of a fact would be admissible, a statement contained in a document or thing produced wholly or partly by a device or process and tending to establish that fact is, subject to this part, admissible as evidence of that fact. (sec.95-ssec.2) A court may presume the process or device produced the document or thing containing the statement if the court considers an inference can reasonably be made that the process or device, if properly used, produces a document or thing of that kind. (sec.95-ssec.3) In a proceeding, a certificate purporting to be signed by a responsible person for the process or device and stating any of the following matters is evidence of the matter for the purpose of subsection (2) — that the document or thing was produced wholly or partly by the process or device; that the document or thing was produced wholly or partly in a particular way by the process or device; that, if properly used, the process or device produces documents or things of a particular kind; any particulars relevant to a matter mentioned in paragraph (a) , (b) or (c) . (sec.95-ssec.4) A person who signs a certificate mentioned in subsection (3) commits an offence if— a matter is stated in the certificate that the person knows is false or ought reasonably to know is false; and the statement of the matter is material in the proceeding. Maximum penalty—20 penalty units or 1 year’s imprisonment. (sec.95-ssec.5) If a party (the relying party ) to a proceeding intends to rely on the certificate, the party must give a copy of the certificate to each other party to the proceeding— at least 10 business days before the hearing day; or if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a) —by a later date allowed by the court. (sec.95-ssec.6) If a party to the proceeding, other than the relying party, intends to challenge a matter stated in the certificate, the party must give the relying party notice in writing of the matter to be challenged— at least 3 business days before the hearing day; or if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a) —by a later date allowed by the court. (sec.95-ssec.7) In this section— hearing day means the day fixed for the start of the hearing of the proceeding. responsible person , for a process or device that produced a document or thing, means a person responsible, at or about the time the process or device produced the document or thing, for— the operation of the process or device; or the management of activities for which the document or thing was produced by the process or device. - (a) that the document or thing was produced wholly or partly by the process or device; - (b) that the document or thing was produced wholly or partly in a particular way by the process or device; - (c) that, if properly used, the process or device produces documents or things of a particular kind; - (d) any particulars relevant to a matter mentioned in paragraph (a) , (b) or (c) . - (a) a matter is stated in the certificate that the person knows is false or ought reasonably to know is false; and - (b) the statement of the matter is material in the proceeding. - (a) at least 10 business days before the hearing day; or - (b) if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a) —by a later date allowed by the court. - (a) at least 3 business days before the hearing day; or - (b) if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a) —by a later date allowed by the court. - (a) the operation of the process or device; or - (b) the management of activities for which the document or thing was produced by the process or device.