EVIDENCE ACT 1995 - SECT 171 Persons who may give such evidence
EVIDENCE ACT 1995 - SECT 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.
(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.