171Persons who may give such evidence

### 171 Persons who may give such evidence > > (1)  Such evidence may be given by – > > > > > > (a) a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing; or > > > > > > > (b) except in the case of evidence of a fact that is to be proved in relation to a document or thing because of [section 63](#GS63@EN) , [64](#GS64@EN) or [65](#GS65@EN) , an authorised person. > > > (2)  Despite [subsection (1)(b)](#GS171@Gs1@Hpb@EN) , evidence must not be given under this section by an authorised person who, at the relevant time or afterwards, did not have a position of responsibility in relation to making or keeping the document or thing unless it appears to the court that – > > > > > > (a) it is not reasonably practicable for the evidence to be given by a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing; or > > > > > > > (b) having regard to all the circumstances of the case, undue expense would be caused by calling such a person as a witness. > > > (3)  In this section, > > > > > ***authorised person*** means a person – > > > > > > > > (a) before whom an oath, declaration or affidavit may be taken or made in a country or place outside this State under [section 5 or 6 of the](/view/html/inforce/2026-04-12/act-2001-999#) [Oaths Act 2001](/view/html/inforce/2026-04-12/act-2001-076) ; or > > > > > > > > > (b) who is a police officer of or above the rank of sergeant; or > > > > > > > > > (c) authorised by the Minister for the purpose of this section.