Reproductions admissible (best evidence rule modified)
73A Reproductions admissible (best evidence rule modified)
A document that accurately reproduces the contents of another document is admissible in evidence before a court in the same circumstances, and for the same purposes, as that other document, whether or not that other document still exists.
In determining whether a particular document accurately reproduces the contents of another, a court is not bound by the rules of evidence and —
may rely on its own knowledge of the nature and reliability of the processes by which the reproduction was made; or
may make findings based on a certificate in the prescribed form signed by a person with knowledge and experience of the processes by which the reproduction was made; or
may make findings based on a certificate in the prescribed form signed by a person who has compared the contents of both documents and found them to be identical; or
may act on any other basis it considers appropriate in the circumstances.
This section applies to a reproduction made —
by an instantaneous process; or
by a process in which the contents of a document are recorded by photographic, electronic or other means, and the reproduction is subsequently produced from that record; or
by a process prescribed for the purposes of this section; or
in any other way.
If a reproduction is made by a process referred to in subsection (3)(c), the process shall be presumed to reproduce accurately the contents of the document purportedly reproduced unless the contrary is proved.
If so requested by a party to the proceedings, a court shall give reasons for determining that a document is or is not an accurate reproduction.
A person who signs a certificate for the purposes of this section knowing it to be false or misleading in any material particular commits an indictable offence and is liable on conviction to imprisonment for 7 years.
This section does not apply to or in respect of a copy of a document if the copy is admissible under another written law.
[Section 73A inserted: No. 71 of 2000 s. 10.]
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