Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 146

Evidence produced by processes, machines and other devices

In force
Chapter 4Proof
Part 4.3Facilitation of proof
Division 1General

146 Evidence produced by processes, machines and other devices

(1)

This section applies to a document or thing:

(a)

that is produced wholly or partly by a device or process; and

(b)

that is tendered by a party who asserts that, in producing the document or thing, the device or process has produced a particular outcome.

(2)

If it is reasonably open to find that the device or process is one that, or is of a kind that, if properly used, ordinarily produces that outcome, it is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) that, in producing the document or thing on the occasion in question, the device or process produced that outcome.

Note:

Example:

It would not be necessary to call evidence to prove that a photocopier normally produced complete copies of documents and that it was working properly when it was used to photocopy a particular document.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.