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s 158

Evidence of certain public documents

In force
Chapter 4Proof
Part 4.3Facilitation of proof
Division 2Matters of official record

158 Evidence of certain public documents

(1)

If:

(a)

a public document, or a certified copy of a public document, of a State or Territory is admissible for a purpose in that State or Territory under the law of that State or Territory; and

(b)

it purports to be sealed, or signed and sealed, or signed alone, as directed by the law of that State or Territory;

it is admissible in evidence to the same extent and for that purpose in all courts:

(c)

without proof of:

(i)

the seal or signature; or

(ii)

the official character of the person appearing to have signed it; and

(d)

without further proof in every case in which the original document could have been received in evidence.

(2)

A public document of a State or Territory that is admissible in evidence for any purpose in that State or Territory under the law of that State or Territory without proof of:

(a)

the seal or signature authenticating the document; or

(b)

the judicial or official character of the person appearing to have signed the document;

is admissible in evidence to the same extent and for any purpose in all courts without such proof.

(3)

This section only applies to documents that are public records of a State or Territory.

Note 2:

Section 5 extends the operation of this provision to proceedings in all Australian courts.

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Section 158 — Evidence of certain public documents — Evidence Act 1995 (Commonwealth) — Barrister AI