Document ID: chunk:federal_register_of_legislation:C2021C00472:section:48:p1
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 48 (pt 1/2)
Character Range: 52245–54699

48  Proof of contents of documents
 (1) A party may adduce evidence of the contents of a document in question by tendering the document in question or by any one or more of the following methods:
 (a) adducing evidence of an admission made by another party to the proceeding as to the contents of the document in question;
 (b) tendering a document that:
 (i) is or purports to be a copy of the document in question; and
 (ii) has been produced, or purports to have been produced, by a device that reproduces the contents of documents;
 (c) if the document in question is an article or thing by which words are recorded in such a way as to be capable of being reproduced as sound, or in which words are recorded in a code (including shorthand writing)—tendering a document that is or purports to be a transcript of the words;
 (d) if the document in question is an article or thing on or in which information is stored in such a way that it cannot be used by the court unless a device is used to retrieve, produce or collate it—tendering a document that was or purports to have been produced by use of the device;
 (e) tendering a document that:
 (i) forms part of the records of or kept by a business (whether or not the business is still in existence); and
 (ii) is or purports to be a copy of, or an extract from or a summary of, the document in question, or is or purports to be a copy of such an extract or summary;
 (f) if the document in question is a public document—tendering a document that is or purports to be a copy of the document in question and that is or purports to have been printed:
 (i) by the Government Printer or by the government or official printer of a State or Territory; or
 (ii) by authority of the government or administration of the Commonwealth, a State, a Territory or a foreign country; or
 (iii) by authority of an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament.
 (2) Subsection (1) applies to a document in question whether the document in question is available to the party or not.
 (3) If the party adduces evidence of the contents of a document under paragraph (1)(a), the evidence may only be used:
 (a) in respect of the party's case against the other party who made the admission concerned; or
 (b) in respect of the other party's case against the party who adduced the evidence in that way.
 (4) A party may adduce evidence of