171Persons who may give such evidence

171 Persons who may give such evidence (1) Such evidence may be given by: (a) a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing; or (b) except in the case of evidence of a fact that is to be proved in relation to a document or thing because of section 63, 64 or 65 – an authorised person. (2) Despite subsection (1)(b), evidence must not be given under this section by an authorised person who, at the relevant time or afterwards, did not have a position of responsibility in relation to making or keeping the document or thing unless it appears to the court that: (a) it is not reasonably practicable for the evidence to be given by a person who had, at the relevant time or afterwards, a position of responsibility in relation to making or keeping the document or thing; or (b) having regard to all the circumstances of the case, undue expense would be caused by calling such a person as a

Evidence (National Uniform Legislation) Act 2011 112 authorised person means: (a) a person before whom an affidavit may be given on oath and taken in a country or place outside the Territory under section 7(2) of the Oaths, Affidavits and Declarations Act 2010; or (b) a police officer of or above the rank of sergeant; or (c) a person authorised by the Attorney-General for the purposes of this section. The Commonwealth Act, NSW Act and Victorian Act contain a different definition of authorised person.