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COMMONWEALTHAct
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s 71

Exception: electronic communications

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

71 Exception: electronic communications

The hearsay rule does not apply to a representation contained in a document recording an electronic communication so far as the representation is a representation as to:

(a)

the identity of the person from whom or on whose behalf the communication was sent; or

(b)

the date on which or the time at which the communication was sent; or

(c)

the destination of the communication or the identity of the person to whom the communication was addressed.

Note 1:

Division 3 of Part 4.3 contains presumptions about electronic communications.

Note 2:

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

Note 3:

Electronic communication is defined in the Dictionary.

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