Australian Capital Territory Consolidated Acts

EVIDENCE ACT 1971 - SECT 42

In a proceeding (other than a criminal proceeding) in the Supreme Court or in the Magistrates Court, a statement contained in a document produced by a computer is, subject to this part and to the appropriate rules of court under the Court Procedures Act 2004 , admissible as evidence of any facts stated in the document of which direct oral evidence would be admissible if—

        (a)     the document was produced by the computer during a period when the computer was used to store or process information relating to activities carried on, whether for profit or not—

              (i)     by a person; or

              (ii)     by a body, association or institution, whether corporate or not; or

              (iii)     by a government department; or

              (iv)     by a public authority; and

        (b)     information of the kind contained in the statement or of the kind from which the information contained in the statement is derived was in that period regularly supplied to the computer in the ordinary course of the carrying on of those activities; and

        (c)     the computer was, throughout the material part of that period operating properly or, if it was not, that any respect in which it was not operating properly or was out of operation during part of that period was not such as to affect the production of the document or the accuracy of its contents; and

        (d)     the information contained in the statement reproduces or is derived from information supplied to the computer in the ordinary course of the carrying on of those activities.