Proof of document under law of Commonwealth country
104 Proof of document under law of Commonwealth country
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.
Evidence of the document, or of an extract from the document, may be given in the proceeding by producing—
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
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.
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.
This section does not apply to a document mentioned in subsection (1) unless—
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
the court directs that it must apply.
In this section:
court means an ACT court or evidence receiving entity.
Part 7.3 Evidence in any proceedings—extended application of Evidence Act
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