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Oaths Act 1867
sec.31YDocuments made using official and original physical versions
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### sec.31Y Documents made using official and original physical versions
This section applies to a document, or a true copy of a document—
that is confirmed by a person as the document witnessed by the person under section 31U (2) (a) or (b) ; and
given to a relevant person for the document under section 31V (1) .
For a document made using counterparts, see section 31Z .
If the document is made using an original physical version, the signatory for the document must ensure the original physical version of the document is kept.
The person or body for a court or tribunal who has the power to make rules of court or practice directions regulating the practice and procedure of the court or tribunal may make, give, issue or approve a rule or practice direction that states a minimum period for which an original physical version of a document that is filed or admitted into evidence in a proceeding is to be kept.
To remove any doubt, it is declared that—
a signatory for a document does not commit an offence against this Act or another Act only because the signatory fails to ensure the original physical version of the document is kept under subsection (2) or (3) ; and
the official version of a document is not invalid only because the signatory fails to ensure the original physical version of the document is kept under subsection (2) or (3) .
Subject to any requirement under any law, once the witness gives the document or true copy to the relevant person, there is no requirement to keep any version of the document confirmed by the witness that has not been given to the relevant person.
If a document made, signed or witnessed in accordance with this part is required to be given, produced or used for any purpose, the official version of the document may be—
given, produced or used for the purpose; and
relied on as evidence of the document.
The official version of an affidavit or a declaration may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration.
This section does limit the power of a court, tribunal or other person to whom a document is given for any purpose to require production of the original physical version of the document.
s 31Y ins 2021 No. 23 s 40
(sec.31Y-ssec.1) This section applies to a document, or a true copy of a document— that is confirmed by a person as the document witnessed by the person under section 31U (2) (a) or (b) ; and given to a relevant person for the document under section 31V (1) . For a document made using counterparts, see section 31Z .
(sec.31Y-ssec.2) If the document is made using an original physical version, the signatory for the document must ensure the original physical version of the document is kept.
(sec.31Y-ssec.3) The person or body for a court or tribunal who has the power to make rules of court or practice directions regulating the practice and procedure of the court or tribunal may make, give, issue or approve a rule or practice direction that states a minimum period for which an original physical version of a document that is filed or admitted into evidence in a proceeding is to be kept.
(sec.31Y-ssec.4) To remove any doubt, it is declared that— a signatory for a document does not commit an offence against this Act or another Act only because the signatory fails to ensure the original physical version of the document is kept under subsection (2) or (3) ; and the official version of a document is not invalid only because the signatory fails to ensure the original physical version of the document is kept under subsection (2) or (3) .
(sec.31Y-ssec.5) Subject to any requirement under any law, once the witness gives the document or true copy to the relevant person, there is no requirement to keep any version of the document confirmed by the witness that has not been given to the relevant person.
(sec.31Y-ssec.6) If a document made, signed or witnessed in accordance with this part is required to be given, produced or used for any purpose, the official version of the document may be— given, produced or used for the purpose; and relied on as evidence of the document. The official version of an affidavit or a declaration may be given to a court or other entity, and relied on by the court or other entity, as evidence of the affidavit or declaration.
(sec.31Y-ssec.7) This section does limit the power of a court, tribunal or other person to whom a document is given for any purpose to require production of the original physical version of the document.
- (a) that is confirmed by a person as the document witnessed by the person under section 31U (2) (a) or (b) ; and
- (b) given to a relevant person for the document under section 31V (1) .
- (a) a signatory for a document does not commit an offence against this Act or another Act only because the signatory fails to ensure the original physical version of the document is kept under subsection (2) or (3) ; and
- (b) the official version of a document is not invalid only because the signatory fails to ensure the original physical version of the document is kept under subsection (2) or (3) .
- (a) given, produced or used for the purpose; and
- (b) relied on as evidence of the document.