Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 2 Proof of laws
s. 331
page 256
judgments of courts of the country if the document is or would1
be used in the courts of the country to inform the courts about2
the unwritten or common law of the country.3
(2) Evidence of the interpretation of a statute of a foreign country4
may be adduced by producing a document containing reports of5
judgments of courts of the country if the document is or would6
be used in the courts of the country to inform the courts about7
the interpretation of the statute.8
(3) The court may, but is not required to, receive as evidence of the9
unwritten or common law of a foreign country, or of the10
interpretation of a statute of a foreign country, any treatise or11
explanation relating to that law contained in a text book or other12
published document about the laws of that foreign country.13
(4) A reference in this section to a statute of a foreign country14
includes a reference to the following —15
(a) a regulation, rule or by-law of the foreign country;16
(b) an instrument of a legislative character (including rules17
of court) made under a statute of the foreign country.18
Compare:19
Evidence Act 1906 s. 7120
Evidence Act 1995 (Commonwealth) s. 17521
331. Questions of foreign law to be decided by judge22
If, in a proceeding in which there is a jury, it is necessary to23
ascertain the law of another country that is applicable to the24
facts of the case, any question as to the effect of the evidence25
adduced with respect to that law must be decided by the judge26
alone.27
Compare:28
Evidence Act 1995 (Commonwealth) s. 17629
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of public documents and other official matters Division 3
s. 332
page 257
Division 3 — Proof of public documents and other official1
matters2
332. Presumption as to authenticity of official publications3
(1) It is presumed, unless the contrary is proved, that a document4
that purports to be any of the following is what it purports to be5
and was published on the day on which it purports to have been6
published —7
(a) a government or official gazette (by whatever name8
called) of this State, the Commonwealth, another State,9
a Territory or a foreign country;10
(b) a document printed or published by the Government11
Printer or by the government or official printer of the12
Commonwealth, another State or a Territory;13
(c) a document printed or published by authority of the14
government or administration of this State, the15
Commonwealth, another State, a Territory or a foreign16
country.17
(2) This section extends to a proceeding before a person acting18
judicially.19
Compare:20
Evidence Act 1995 (Commonwealth) s. 15321
333. Presumption as to regularity of acts notified in official22
publications23
(1) If there is produced to a court a document to which this section24
applies, and the doing of any of the following acts is notified or25
published in the document, it is presumed, unless the contrary is26
proved, that the act was duly done and, if the day on which the27
act was done appears in the document, that it was done on that28
day —29
(a) an act of the Governor-General or of the Governor of a30
State or the Administrator of a Territory;31
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 3 Proof of public documents and other official matters
s. 334
page 258
(b) an act of a person authorised or empowered to do the act1
by an Australian law or a law of a foreign country.2
(2) This section applies to the following documents —3
(a) a copy of a government or official gazette (by whatever4
name called) of this State, the Commonwealth, another5
State, a Territory or a foreign country;6
(b) a document that purports to have been printed or7
published by the Government Printer or by the8
government or official printer of the Commonwealth,9
another State or a Territory;10
(c) a document that purports to have been printed or11
published by authority of the government or12
administration of this State, the Commonwealth, another13
State, a Territory or a foreign country.14
(3) This section extends to a proceeding before a person acting15
judicially.16
Compare:17
Evidence Act 1995 (Commonwealth) s. 15318
334. Presumption as to authenticity of Parliamentary documents19
(1) It is presumed, unless the contrary is proved, that a document20
purporting to have been printed or published by authority of an21
Australian Parliament, a House of an Australian Parliament, a22
committee of a House of an Australian Parliament or a23
committee of an Australian Parliament —24
(a) is what it purports to be; and25
(b) was published on the day on which it purports to have26
been published.27
(2) This section extends to a proceeding before a person acting28
judicially.29
Compare:30
Evidence Act 1995 (Commonwealth) s. 15431
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of public documents and other official matters Division 3
s. 335
page 259
335. Presumption as to authenticity of Commonwealth records1
and public documents2
(1) In this section —3
Commonwealth record has the meaning given in the Evidence4
Act 1995 (Commonwealth) Dictionary Part 1.5
(2) Evidence of a Commonwealth record or of a public document of6
this State, another State or a Territory may be adduced by7
producing a document that —8
(a) purports to be a Commonwealth record or public9
document and to be signed or sealed by —10
(i) a Minister of the Commonwealth, or a Minister11
of this or another State or a Territory, as the case12
requires; or13
(ii) a person who might reasonably be supposed to14
have custody of the record or document;15
or16
(b) purports to be a copy of or extract from the record or17
document that is certified to be a true copy or extract18
by —19
(i) a Minister of the Commonwealth, or a Minister20
of this or another State or a Territory, as the case21
requires; or22
(ii) a person who might reasonably be supposed to23
have custody of the record or document.24
(3) If the document is produced, it is presumed, unless evidence25
that is sufficient to raise doubt about the presumption is26
adduced, that —27
(a) the document is the record, public document, copy or28
extract that it purports to be; and29
(b) the Minister of the Commonwealth, the Minister of this30
or another State or a Territory or person signed or sealed31
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 3 Proof of public documents and other official matters
s. 336
page 260
the record or document, or certified the copy or extract1
as a true copy or extract, as the case requires.2
(4) This section extends to a proceeding before a person acting3
judicially.4
Compare:5
Evidence Act 1995 (Commonwealth) s. 1556
336. Presumption as to authenticity of copies, extracts and7
summaries of public documents8
(1) A document that purports to be a copy of, or an extract from or9
summary of, a public document is presumed, unless the contrary10
is proved, to be a copy of the public document, or an extract11
from or summary of the public document, if it purports to have12
been —13
(a) sealed with the seal of a person who, or a body that,14
might reasonably be supposed to have the custody of the15
public document; or16
(b) certified as a copy, extract or summary by a person who17
might reasonably be supposed to have custody of the18
public document.19
(2) If an officer entrusted with the custody of a public document is20
required by a court to produce the public document, it is21
sufficient compliance with the requirement for the officer to22
produce a copy of, or extract from, the public document if it23
purports to be signed and certified by the officer as a true copy24
or extract.25
(3) It is sufficient production of a copy or extract for the purposes26
of subsection (2) if the officer sends it by prepaid post, or causes27
it to be delivered, to —28
(a) the proper officer of the court in which it is to be29
produced; or30
(b) the person before whom it is to be produced.31
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of public documents and other official matters Division 3
s. 337
page 261
(4) The court before which a copy or extract is produced under1
subsection (2) may direct the officer to produce the original2
public document.3
(5) This section extends to a proceeding before a person acting4
judicially.5
Compare:6
Evidence Act 1995 (Commonwealth) s. 1567
337. Presumption as to authenticity of official seals and8
signatures9
(1) In this section —10
office holder means —11
(a) the Sovereign; or12
(b) the Governor-General; or13
(c) the Governor of a State; or14
(d) the Administrator of a Territory; or15
(e) a person holding any other office under an Australian16
law or a law of a foreign country.17
(2) If the imprint of a seal appears on a document and purports to be18
the imprint of any of the following, it is presumed, unless the19
contrary is proved, that the imprint is the imprint of that seal,20
and the document was duly sealed as it purports to have been21
sealed —22
(a) a Royal Great Seal;23
(b) the Great Seal of Australia;24
(c) another seal of the Commonwealth;25
(d) a seal of a State, a Territory or a foreign country;26
(e) the seal of a body (including a court or a tribunal), or a27
body corporate, established by or under Royal Charter28
or by an Australian law or the law of a foreign country.29
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 3 Proof of public documents and other official matters
s. 338
page 262
(3) If the imprint of a seal appears on a document and purports to be1
the imprint of the seal of an office holder, it is presumed, unless2
the contrary is proved, that —3
(a) the imprint is the imprint of that seal; and4
(b) the document was duly sealed by the office holder5
acting in the office holder’s official capacity; and6
(c) the office holder held the relevant office when the7
document was sealed.8
(4) If a document purports to have been signed by an office holder9
in the office holder’s official capacity, it is presumed, unless the10
contrary is proved, that —11
(a) the document was signed by the office holder acting in12
that capacity; and13
(b) the office holder held the relevant office when the14
document was signed.15
(5) This section extends to a proceeding before a person acting16
judicially.17
Compare:18
Evidence Act 1995 (Commonwealth) s. 150 and 15119
338. Proof of public documents of other States or Territories20
(1) A public document, or a certified copy of a public document, of21
another State or a Territory that purports to be sealed, or signed22
and sealed, or signed alone, as directed by the law of that State23
or Territory and that is admissible for a purpose in that State or24
Territory under the law of that State or Territory is admissible in25
evidence to the same extent and for that purpose in this State —26
(a) without proof of the seal or signature or of the official27
character of the person appearing to have signed the28
document; and29
(b) without further proof in every case in which the original30
document could have been received in evidence.31
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of public documents and other official matters Division 3
s. 339
page 263
(2) A public document of another State or a Territory that is1
admissible in evidence for any purpose in that State or Territory2
under the law of that State or Territory without proof of the3
following matters is admissible in evidence to the same extent4
and for any purpose in this State without proof of those5
matters —6
(a) the seal or signature authenticating the document;7
(b) the judicial or official character of the person appearing8
to have signed the document.9
(3) This section only applies to documents that are public records of10
another State or a Territory.11
(4) This section extends to a proceeding before a person acting12
judicially.13
Compare:14
Evidence Act 1995 (Commonwealth) s. 15815
339. Proof of public documents relating to judgments, acts and16
processes of courts17
(1) Evidence of a public document that is a judgment (including18
reasons for judgment), act or other process of an Australian19
court or a foreign court, or that is a document lodged with an20
Australian court or a foreign court, may be adduced by21
producing a document that purports to be a copy of the public22
document and that —23
(a) is proved to be an examined copy; or24
(b) purports to be sealed with the seal of that court; or25
(c) purports to be signed by a judge, magistrate, registrar or26
other proper officer of that court.27
(2) This section extends to a proceeding before a person acting28
judicially.29
Compare:30
Evidence Act 1995 (Commonwealth) s. 15731
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 4 Proof of other matters relating to documents and things
s. 340
page 264
340. Proof of official statistics1
(1) In this section —2
Australian Statistician —3
(a) means the Australian Statistician referred to in the4
Australian Bureau of Statistics Act 19755
(Commonwealth) section 5(2); and6
(b) includes any person to whom the powers of the7
Australian Statistician under the Census and Statistics8
Act 1905 (Commonwealth) section 12 have been9
delegated.10
(2) A document containing statistics or abstracts is evidence that11
those statistics or abstracts were compiled and analysed by the12
Australian Statistician under the Census and Statistics Act 190513
(Commonwealth) if the document purports —14
(a) to be published by the Australian Statistician; and15
(b) to contain statistics or abstracts compiled and analysed16
by the Australian Statistician under the Census and17
Statistics Act 1905 (Commonwealth).18
(3) This section extends to a proceeding before a person acting19
judicially.20
Compare:21
Evidence Act 1995 (Commonwealth) s. 15922
Division 4 — Proof of other matters relating to documents and23
things24
341. Presumption relating to documents and things produced by25
processes and devices26
(1) This section applies to a document or thing —27
(a) that is produced wholly or partly by a device or process;28
and29
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of other matters relating to documents and things Division 4
s. 342
page 265
(b) that is tendered by a party who asserts that, in producing1
the document or thing, the device or process has2
produced a particular outcome.3
(2) If it is reasonably open to find that the device or process is one4
that, or is of a kind that, if properly used, ordinarily produces5
that outcome, it is presumed (unless evidence sufficient to raise6
doubt about the presumption is adduced) that, in producing the7
document or thing on the occasion in question, the device or8
process produced that outcome.9
Example for this section:10
It would not be necessary to call evidence to prove that a photocopier11
normally produced complete copies of documents and that it was12
working properly when it was used to photocopy a particular document.13
Compare:14
Evidence Act 1995 (Commonwealth) s. 14615
342. Presumption relating to business documents produced by16
processes and devices17
(1) This section applies to a document —18
(a) that is produced wholly or partly by a device or process;19
and20
(b) that is tendered by a party who asserts that, in producing21
the document, the device or process has produced a22
particular outcome.23
(2) It is presumed (unless evidence sufficient to raise doubt about24
the presumption is adduced) that, in producing the document on25
the occasion in question, the device or process produced that26
outcome if —27
(a) the document is, or was at the time it was produced, part28
of the records of, or kept for the purposes of, a business29
(whether or not the business is still in existence); and30
(b) the device or process is or was at that time used for the31
purposes of the business.32
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 4 Proof of other matters relating to documents and things
s. 343
page 266
(3) Subsection (2) does not apply to the contents of a document that1
was produced —2
(a) for the purpose of conducting, or for or in contemplation3
of or in connection with, an Australian or overseas4
proceeding; or5
(b) in connection with an investigation relating or leading to6
a criminal proceeding.7
Compare:8
Evidence Act 1995 (Commonwealth) s. 1479
343. Findings about accuracy of documents produced by devices10
and processes11
(1) This section applies to a document that is tendered by a party12
who asserts that the document is admissible as evidence of the13
contents of another document because —14
(a) the document is a copy or accurate reproduction of the15
other document; and16
(b) the document has been produced by a device that17
reproduces the contents of documents or has been made18
by any other process or in any other way.19
(2) In making a finding about whether the document is a copy or20
accurate reproduction of another document, the court is not21
bound by the rules of evidence and may make that finding —22
(a) based on its own knowledge about the nature and23
reliability of the device or process by which, or way in24
which, the document was produced; or25
(b) based on evidence of a person with knowledge and26
experience of the device or process by which, or way in27
which, the copy or reproduction was made; or28
(c) based on evidence of a person who has compared the29
contents of both documents and found them to be30
identical; or31