TASIn ForceAct
Evidence Act 2001
69Exception: business records
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### 69 Exception: business records
> > (1) This section applies to a document that –
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> > > > (a) either –
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> > > > > > (i) is or forms part of the records belonging to or kept by a person, body or organisation in the course of, or for the purposes of, a business; or
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> > > > > > (ii) at any time was or formed part of such a record; and
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> > > > (b) contains a previous representation made or recorded in the document in the course of, or for the purposes of, the business.
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> > (2) The hearsay rule does not apply to the document, so far as it contains the representation, if the representation was made –
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> > > > (a) by a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact; or
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> > > > (b) on the basis of information directly or indirectly supplied by a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact.
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> > (3) [Subsection (2)](#GS69@Gs2@EN) does not apply if the representation –
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> > > > (a) was prepared or obtained for the purpose of conducting, or for or in contemplation of or in connection with, an Australian or overseas proceeding; or
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> > > > (b) was made in connection with an investigation relating or leading to a criminal proceeding.
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> > (4) If –
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> > > > (a) the occurrence of an event of a particular kind is in question; and
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> > > > (b) in the course of a business, a system has been followed of making and keeping a record of the occurrence of all events of that kind –
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> > the hearsay rule does not apply to evidence that tends to prove that there is no record kept, in accordance with that system, of the occurrence of the event.
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> > (5) For the purpose of this section, a person is taken to have had personal knowledge of a fact if the person's knowledge of the fact was or might reasonably be supposed to have been based on what the person saw, heard or otherwise perceived, other than a previous representation made by a person about the fact.