Commonwealth Consolidated Acts

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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.

             (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.



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