Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p9
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 22997–25711

the course of the person's duties or business:

           (i) is required to create, amend, maintain or store records of that kind; or

           (ii) was, at the relevant time, required to create, amend, maintain or store records of that kind.

    (2) Subrule (1) does not apply to a record created in the course of:

       (a) an investigation conducted under Part VI of the Act;

       (b) an investigation conducted by a civilian police force;

       (c) any other investigation or inquiry conducted into an incident that gave rise to a charge of a service offence.

    (3) In subrule (1), a "document" includes a copy of a document.

    (4) Evidence to establish that a document is admissible under subrule (1) may be given by statutory declaration, unless the summary authority is satisfied that giving the evidence without the declarant being present would be unfair to the accused person.

    (5) Evidence given in relation to a document admissible under subrule (1) may be contradicted or qualified by other evidence.

Rule 21  General and service knowledge

    (1) Proof is not required about knowledge that is not reasonably open to question and is common knowledge in the locality in which the proceeding is being held or generally, and the summary authority is to take knowledge of that kind into account.

    (2) The summary authority does not require submissions to be made or evidence to be presented about such knowledge in order for the summary authority to accept it as fact.

    (3) The summary authority is to give the parties the opportunity to make submissions, and to refer to relevant information, relating to the acquiring or taking into account of knowledge of the kind referred to in subrule (1), or knowledge within the general service knowledge of the summary authority described in section 147 of the Act, if it is necessary to prevent unfair prejudice to a party.

Rule 22  Evidence of general orders

In proceedings before a summary authority, a document certified by an officer of the rank of Lieutenant Commander, Major, Squadron Leader, or above, to be a copy of a general order is evidence of that order unless the contrary is proved.

Rule 23  Certificate of analyst in respect of prohibited drugs

    (1) In summary authority proceedings for an offence against section 59 of the Act, a certificate signed by an analyst setting out the result of an analysis carried out at the request of an investigating officer within the meaning of Part VI of the Act is admissible as evidence of the matters set out in the certificate.

    (2) A document that purports to have been signed by an analyst for the purposes of subrule (1) is taken to have been so signed unless