3CUnavailability of documents and things

### 3C Unavailability of documents and things > For the purposes of this Act, a document or thing is taken not to be available to a party if and only if – > > > > (a) it cannot be found after reasonable inquiry and search by the party; or > > > > > (b) it was destroyed by the party, or by a person on behalf of the party, otherwise than in bad faith, or was destroyed by another person; or > > > > > (c) it would be impractical to produce the document or thing during the course of the proceeding; or > > > > > (d) production of the document or thing during the course of the proceeding could render a person liable to conviction for an offence; or > > > > > (e) it is not in the possession or under the control of the party and – > > > > > > > > (i) it cannot be obtained by any judicial procedure of the court; or > > > > > > > > > (ii) it is in the possession or under the control of another party to the proceeding concerned who knows or might reasonably be expected to know that evidence of the contents of the document, or evidence of the thing, is likely to be relevant in the proceeding; or > > > > > > > > > (iii) it was in the possession or under the control of such a party at a time when that party knew or might reasonably be expected to have known that such evidence was likely to be relevant in the proceeding. > > > > > > > > > > | Note: The provisions in this section are contained in the Dictionary in the Evidence Act 1995 of the Commonwealth. |