Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 70

             (1)  The hearsay rule does not apply to a tag or label attached to, or writing placed on, an object (including a document) if the tag or label or writing may reasonably be supposed to have been so attached or placed:

                     (a)  in the course of a business; and

                     (b)  for the purpose of describing or stating the identity, nature, ownership, destination, origin or weight of the object, or of the contents (if any) of the object.

Note:          Section 182 gives this subsection a wider application in relation to Commonwealth records.

             (2)  This section, and any provision of a law of a State or Territory that permits the use in evidence of such a tag, label or writing as an exception to a rule of law restricting the admissibility or use of hearsay evidence, does not apply to:

                     (a)  a Customs prosecution within the meaning of Part XIV of the Customs Act 1901 ; or

                     (b)  an Excise prosecution within the meaning of Part XI of the Excise Act 1901 .

Note 1:       Subsection (2) does not appear in section 70 of the NSW Act.

Note 2:       Section 5 extends the application of this subsection to proceedings in all Australian courts.