Document ID: chunk:federal_register_of_legislation:C2021C00472:section:171
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 171
Character Range: 197083–198983

171  Persons who may give such evidence
 (1) Such evidence may be given by:
 (a) a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing; or
 (b) except in the case of evidence of a fact that is to be proved in relation to a document or thing because of section 63, 64 or 65—an authorised person.
 (2) Despite paragraph (1)(b), evidence must not be given under this section by an authorised person who, at the relevant time or afterwards, did not have a position of responsibility in relation to making or keeping the document or thing unless it appears to the court that:
 (a) it is not reasonably practicable for the evidence to be given by a person who had, at the relevant time or afterwards, a position of responsibility in relation to making or keeping the document or thing; or
 (b) having regard to all the circumstances of the case, undue expense would be caused by calling such a person as a witness.
 (3) In this section:
authorised person means:
 (a) if the evidence is given at a place outside Australia:
 (i) an Australian Diplomatic Officer, or an Australian Consular Officer, within the meaning of the Consular Fees Act 1955, exercising his or her function in that place; or
 (ii) an employee of the Commonwealth, authorised under paragraph 3(c) of the Consular Fees Act 1955, exercising his or her function in that place; or
 (iii) an employee of the Australian Trade and Investment Commission, authorised under paragraph 3(d) of the Consular Fees Act 1955, exercising his or her function in that place; or
 (b) an AFP employee (within the meaning of the Australian Federal Police Act 1979); or
 (c) a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
 (d) a person authorised by the Attorney‑General for the purposes of this section.