89A
CurrentMeaning of unavailability of document
Part IIIProof of documents, proof of facts by documents and document unavailability
Division 9Document unavailability
89A Meaning of unavailability of document
Pt 3 Div. 9 (Heading and ss 90–98) repealed[7], new Pt 3 Div. 9 (Heading and ss 89A–89E) inserted by No. 53/2006 s. 4.
S. 89A inserted by No. 53/2006 s. 4.
For the purposes of this Division, a document is unavailable in a civil proceeding if—
(a)
the document is, or has been but is no longer, in the possession, custody or power of a party to the civil proceeding; and
(b)
the document has been destroyed, disposed of, lost, concealed or rendered illegible, undecipherable or incapable of identification (whether before or after the commencement of the proceeding).
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