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s 70

Exception: contents of tags, labels and writing

In force
Chapter 3Admissibility of evidence
Part 3.2Hearsay
Division 3Other exceptions to the hearsay rule

70 Exception: contents of tags, labels and writing

(1)

The hearsay rule does not apply to a tag or label attached to, or writing placed on, an object (including a document) if the tag or label or writing may reasonably be supposed to have been so attached or placed:

(a)

in the course of a business; and

(b)

for the purpose of describing or stating the identity, nature, ownership, destination, origin or weight of the object, or of the contents (if any) of the object.

Note:

Section 182 gives this subsection a wider application in relation to Commonwealth records.

(2)

This section, and any provision of a law of a State or Territory that permits the use in evidence of such a tag, label or writing as an exception to a rule of law restricting the admissibility or use of hearsay evidence, does not apply to:

(a)

a Customs prosecution within the meaning of Part XIV of the Customs Act 1901; or

(b)

an Excise prosecution within the meaning of Part XI of the Excise Act 1901.

Note:

Section 5 extends the application of this subsection to proceedings in all Australian courts.

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Evidence Act 1995 s 70 — Exception: contents of tags, labels and writing (Commonwealth) — Barrister AI