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Evidence (Miscellaneous Provisions) Act 1991
104Proof of document under law of Commonwealth country
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104 Proof of document under law of Commonwealth country
(1) This section applies if it is proved in a proceeding that a document is,
under the law of a Commonwealth country, admissible in evidence in
the courts in that country by the production of a copy of the document.
Note 1 Proceeding—see the Legislation Act, dictionary, pt 1.
Note 2 The Evidence Act 2011, s 48 and s 49 deal with other documents in
foreign countries in proceedings in an ACT court.
(2) Evidence of the document, or of an extract from the document, may
be given in the proceeding by producing—
(a) a copy of the document or an extract from the document that is
proved to be an examined copy of the document or extract; or
(b) a document (the copy document) that is or purports to be a copy
of the document or extract if there is endorsed on or annexed to
the copy document a certificate by the person having custody of
the original document that the document is a true copy of the
document or extract of which it is or purports to be a copy.
(3) The production of a document that is or purports to be a certificate
mentioned in subsection (2) (b) is evidence in a proceeding that the
person by whom the certificate purports to be signed is the person
who has custody of the original document or extract mentioned in the
certificate without further proof of that fact.
Part 7.2 Evidence in any proceedings—miscellaneous
(4) This section does not apply to a document mentioned in
subsection (1) unless—
(a) the party who presents evidence of the contents of the document
has, not less than 28 days (or any other period prescribed by
regulation or by rules of court) before the day on which the
evidence is presented, served on each other party a copy of the
document proposed to be tendered; or
(b) the court directs that it must apply.
court means an ACT court or evidence receiving entity.
Evidence in any proceedings—extended application of Evidence Act Part 7.3
Part 7.3 Evidence in any proceedings—
extended application of Evidence
Act