Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of other matters relating to documents and things Division 4
s. 344
page 267
(d) on any other basis it considers appropriate in the1
circumstances.2
(3) The court must state the reason for making a finding that the3
document is or is not a copy or accurate reproduction of another4
document if requested to do so by a party to the proceeding.5
(4) If a document is made by a device or process that is prescribed6
by the regulations for the purposes of this subsection, the device7
or process is presumed to produce a copy or accurate8
reproduction of the document purportedly copied or reproduced,9
unless the contrary is proved.10
(5) This section does not apply to or in respect of a copy of a11
document if the copy is admissible under another written law.12
Compare:13
Evidence Act 1906 s. 73A14
344. Presumption as to documents attested by justices, lawyers15
and notaries public16
It is presumed, unless the contrary is proved, that a document17
was attested or verified by, or signed or acknowledged before, a18
justice of the peace, lawyer or notary public, if —19
(a) an Australian law requires, authorises or permits it to be20
attested, verified, signed or acknowledged by a justice of21
the peace, a lawyer or a notary public, as the case may22
be; and23
(b) it purports to have been attested, verified, signed or24
acknowledged as referred to in paragraph (a).25
Compare:26
Evidence Act 1995 (Commonwealth) s. 14827
345. Testimony of attesting witness not required28
It is not necessary to adduce the evidence of an attesting witness29
to a document (not being a testamentary document) to prove30
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 4 Proof of other matters relating to documents and things
s. 346
page 268
that the document was signed or attested as it purports to have1
been signed or attested.2
Compare:3
Evidence Act 1995 (Commonwealth) s. 1494
346. Presumption as to documents produced from proper5
custody6
(1) If a document that is or purports to be more than 20 years of age7
is produced from proper custody, it is presumed, unless the8
contrary is proved, that —9
(a) the document is the document that it purports to be; and10
(b) if it purports to have been executed or attested by a11
person — it was duly executed or attested by that12
person.13
(2) The presumption referred to in subsection (1) extends to a copy14
of a document referred to in subsection (1) that is admitted into15
evidence as if the copy were the document.16
Compare:17
Evidence Act 1906 s. 73N18
Evidence Act 1995 (Commonwealth) s. 15219
347. Proof of foreign documents admissible in foreign countries20
(1) A document that is admissible in evidence for a purpose in a21
foreign court prescribed by the regulations for the purposes of22
this section without proof of the following matters is admissible23
in evidence to the same extent and for the same purpose in this24
State without proof of those matters —25
(a) the seal or signature authenticating the document; or26
(b) the judicial or official character of the person appearing27
to have signed the document.28
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of communications Division 5
s. 348
page 269
(2) This section extends to a proceeding before a person acting1
judicially.2
Compare:3
Evidence Act 1906 s. 624
Division 5 — Proof of communications5
348. Presumption relating to receipt of postal articles6
(1) In this section —7
postal article has the meaning given in the Australian Postal8
Corporation Act 1989 (Commonwealth) section 3;9
working day means a day that is not —10
(a) a Saturday or a Sunday; or11
(b) a public holiday or a bank holiday in the place to which12
the postal article was addressed.13
(2) It is presumed (unless evidence sufficient to raise doubt about14
the presumption is adduced) that a postal article sent by prepaid15
post addressed to a person at a specified address in Australia or16
in an external Territory was received by the person at that17
address on the 7th working day after having been posted.18
(3) This section does not apply if —19
(a) the proceeding relates to a contract; and20
(b) all the parties to the proceeding are parties to the21
contract; and22
(c) subsection (2) is inconsistent with a term of the contract.23
Compare:24
Evidence Act 1995 (Commonwealth) s. 16025
349. Presumptions relating to electronic communications26
(1) If a document purports to contain a record of an electronic27
communication, it is presumed (unless evidence sufficient to28
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 5 Proof of communications
s. 350
page 270
raise doubt about the presumption is adduced) that the1
communication —2
(a) was sent or made in the form of electronic3
communication that appears from the document to have4
been the form by which it was sent or made; and5
(b) was sent or made by or on behalf of the person by or on6
whose behalf it appears from the document to have been7
sent or made; and8
(c) was sent or made on the day on which, at the time at9
which and from the place from which it appears from10
the document to have been sent or made; and11
(d) was received at the destination to which it appears from12
the document to have been sent; and13
(e) if it appears from the document that the sending of the14
communication concluded at a particular time — was15
received at that destination at that time.16
(2) A provision of subsection (1) does not apply if —17
(a) the proceeding relates to a contract; and18
(b) all the parties to the proceeding are parties to the19
contract; and20
(c) the provision is inconsistent with a term of the contract.21
(3) This section does not apply to a document that purports to22
contain a record of a message transmitted by means of a23
lettergram or telegram.24
Compare:25
Evidence Act 1995 (Commonwealth) s. 16126
350. Presumption relating to receipt of lettergrams and27
telegrams28
(1) If a document purports to contain a record of a message29
transmitted by means of a lettergram or telegram, it is presumed30
(unless evidence sufficient to raise doubt about the presumption31
is adduced) that the message was received by the person to32
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of matters relating to documents or things by affidavit or
written statement
Division 6
s. 351
page 271
whom it was addressed 24 hours after the message was1
delivered to a post office for transmission as a lettergram or2
telegram.3
(2) This section does not apply if —4
(a) the proceeding relates to a contract; and5
(b) all the parties to the proceeding are parties to the6
contract; and7
(c) subsection (1) is inconsistent with a term of the contract.8
Compare:9
Evidence Act 1995 (Commonwealth) s. 16210
Division 6 — Proof of matters relating to documents or things11
by affidavit or written statement12
351. Application of Division13
This Division applies to evidence of a fact that is, because of a14
provision of this Act referred to in the Table, to be proved in15
relation to a document or thing.16
Table17
Provision Subject matter
Section 59 Proof of contents of documents
Sections 76, 77 and 78 Hearsay rule exceptions for
first-hand hearsay
Section 83 Hearsay rule exception for business
records
Section 84 Hearsay rule exception for tags,
labels and writing
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 6 Proof of matters relating to documents or things by affidavit or
written statement
s. 352
page 272
Provision Subject matter
Section 85 Hearsay rule exception for
electronic communication
Part 9 Division 3 Proof of public documents and
other official matters
Part 9 Division 4 Proof of other matters relating to
documents and things
Part 9 Division 5 Proof of communications
Compare:1
Evidence Act 1995 (Commonwealth) s. 170(1)2
352. Persons who may give evidence3
(1) Evidence may be given by —4
(a) a person who, at the relevant time or afterwards, had a5
position of responsibility in relation to making or6
keeping the document or thing; or7
(b) any of the following persons (each of whom is an8
authorised person) —9
(i) a person who is an authorised witness for an10
affidavit or statutory declaration that is made11
outside the State under the Oaths, Affidavits and12
Statutory Declarations Act 2005 section 9(8)13
or 12(6)(b) or (c);14
(ii) a police officer of or above the rank of sergeant;15
(iii) a person authorised by the Minister for the16
purposes of this section.17
(2) Despite subsection (1)(b), evidence must not be given by an18
authorised person who, at the relevant time or afterwards, did19
not have a position of responsibility in relation to making or20
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of matters relating to documents or things by affidavit or
written statement
Division 6
s. 353
page 273
keeping the document or thing unless it appears to the court1
that —2
(a) it is not reasonably practicable for the evidence to be3
given by a person who had, at the relevant time or4
afterwards, a position of responsibility in relation to5
making or keeping the document or thing; or6
(b) having regard to all the circumstances of the case, undue7
expense would be caused by calling a person who had,8
at the relevant time or afterwards, a position of9
responsibility in relation to making or keeping the10
document or thing, as a witness.11
(3) Subsection (1)(b) does not apply to evidence of a fact that must12
be proved in relation to a document or thing because of13
section 76, 77 or 78.14
Compare:15
Evidence Act 1995 (Commonwealth) s. 17116
353. Form in which evidence may be given17
Evidence may be given by affidavit or, if the evidence relates to18
a public document, by a written statement.19
Compare:20
Evidence Act 1995 (Commonwealth) s. 170(2)21
354. Evidence based on knowledge, belief or information22
(1) Despite Part 3, evidence may include evidence based on the23
knowledge and belief of the person who gives it, or on24
information that that person has.25
(2) An affidavit or statement that includes evidence based on26
knowledge, information or belief must set out the source of the27
knowledge or information or the basis of the belief.28
Compare:29
Evidence Act 1995 (Commonwealth) s. 17230
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 7 Proof of other matters by certificate or affidavit
s. 355
page 274
355. Notification of other parties1
(1) A copy of the affidavit or statement must be served on each2
party within a reasonable time before the hearing of the3
proceeding.4
(2) The party who tenders the affidavit or statement must, if another5
party requests it, call the deponent or person who made the6
statement to give evidence but need not otherwise do so.7
Compare:8
Evidence Act 1995 (Commonwealth) s. 1739
Division 7 — Proof of other matters by certificate or affidavit10
356. Certificate of expert evidence11
(1) Evidence of a person’s opinion may be adduced by tendering a12
certificate (an expert certificate) signed by the person that —13
(a) states the person’s name and address; and14
(b) states that the person has specialised knowledge based15
on the person’s training, study or experience, as16
specified in the certificate; and17
(c) sets out an opinion that the person holds and that is18
expressed to be wholly or substantially based on that19
knowledge.20
(2) Subsection (1) does not apply unless the party seeking to tender21
the expert certificate has served on each other party —22
(a) a copy of the certificate; and23
(b) a written notice stating that the party proposes to tender24
the certificate as evidence of the opinion.25
(3) Service must be effected not later than —26
(a) 21 days before the hearing; or27
(b) if, on application by the party before or after service, the28
court substitutes a different period — the beginning of29
that period.30
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of other matters by certificate or affidavit Division 7
s. 357
page 275
(4) Service for the purposes of subsection (2) may be proved by1
affidavit.2
(5) A party on whom the documents referred to in subsection (2)3
are served may, by written notice served on the party proposing4
to tender the expert certificate, require the party to call the5
person who signed the certificate to give evidence.6
(6) The expert certificate is not admissible as evidence if that7
requirement is made.8
(7) The court may make any order with respect to costs that it9
considers just against a party who has, without reasonable10
cause, required a party to call a person to give evidence under11
this section.12
Compare:13
Evidence Act 1995 (Commonwealth) s. 17714
357. Certificate evidence of convictions, acquittals, sentences and15
other court matters16
(1) In this section —17
acquittal includes the dismissal of the charge in question by an18
applicable court;19
applicable court means an Australian court or a foreign court.20
(2) This section applies to the following facts —21
(a) the conviction or acquittal before or by an applicable22
court of a person charged with an offence;23
(b) the sentencing of a person to any punishment or24
pecuniary penalty by an applicable court;25
(c) an order by an applicable court;26
(d) the pendency or existence at any time before an27
applicable court of a civil or criminal proceeding.28
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 7 Proof of other matters by certificate or affidavit
s. 357
page 276
(3) Evidence of a fact to which this section applies may be given by1
a certificate signed by a judge, a magistrate or a registrar or2
other proper officer of the applicable court —3
(a) showing the fact, or purporting to contain particulars, of4
the record, indictment, conviction, acquittal, sentence,5
order or proceeding in question; and6
(b) stating the time and place of the conviction, acquittal,7
sentence, order or proceeding; and8
(c) stating the title of the applicable court.9
(4) A certificate given under this section showing a conviction,10
acquittal, sentence or order is also evidence of the particular11
offence or matter in respect of which the conviction, acquittal,12
sentence or order was had, passed or made, if stated in the13
certificate.14
(5) A certificate given under this section showing the pendency or15
existence of a proceeding is also evidence of the particular16
nature and occasion, or ground and cause, of the proceeding, if17
stated in the certificate.18
(6) A certificate given under this section purporting to contain19
particulars of a record, indictment, conviction, acquittal,20
sentence, order or proceeding is also evidence of the matters21
stated in the certificate.22
(7) This section does not affect the operation of section 107 or any23
other provision of this Act that limits the admissibility of24
evidence of a fact to which this section applies.25
Compare:26
Evidence Act 1995 (Commonwealth) s. 17827
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of other matters by certificate or affidavit Division 7
s. 358
page 277
358. Affidavit evidence of identity of convicted persons by State1
and Territory police2
(1) This section applies if a member of a police force of a State or3
Territory —4
(a) makes an affidavit in the form prescribed by the5
regulations for the purposes of this section; and6
(b) states in the affidavit that the member is a fingerprint7
expert for that police force.8
(2) For the purpose of proving before a court the identity of a9
person alleged to have been convicted in that State or Territory10
of an offence, the affidavit is evidence in a proceeding that the11
person whose fingerprints are shown on a fingerprint card12
referred to in the affidavit and marked for identification —13
(a) is the person referred to in a certificate of conviction, or14
certified copy of conviction annexed to the affidavit, as15
having been convicted of an offence; and16
(b) was convicted of that offence; and17
(c) was convicted of any other offence of which the person18
is stated in the affidavit to have been convicted.19
(3) For the purposes of this section, if a Territory does not have its20
own police force, the police force performing the policing21
functions of the Territory is taken to be the police force of the22
Territory.23
Compare:24
Evidence Act 1995 (Commonwealth) s. 17925
359. Affidavit evidence of identity of convicted persons by AFP26
employees and special members27
(1) In this section —28
AFP employee has the meaning given in the Australian Federal29
Police Act 1979 (Commonwealth) section 4(1);30