FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58HA Admissibility of certain matters

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58HA

  (1)   Each of the following documents is to be received in all courts and proceedings as prima facie evidence of their contents:

  (a)   a bail order;

  (b)   a bail undertaking;

  (c)   a third party security undertaking;

  (d)   a notice referred to in subparagraph   58DE(2)(a)(ii) (about change of address) given by the accused to the Court.

  (2)   A copy, certified by an officer of the Court, of a document referred to in subsection   (1) is admissible in evidence in all courts and proceedings without further proof or production of the original.

Note:   This means that a certified copy is to be received in all courts and proceedings as prima facie evidence of the original's contents.

  (3)   An officer of the Court may issue a written certificate stating that:

  (a)   a condition specified in a bail order:

  (i)   has not been varied; or

  (ii)   has been varied in a specified way; or

  (b)   a notice was given under subsection   58FB(2) to a specified person in a specified way on a specified day; or

  (c)   the accused did not appear in person before the Court:

  (i)   at a specified place; or

  (ii)   on a specified day or during a specified period; or

  (d)   the accused did not notify the Court of a change in the accused's residential address; or

  (e)   the accused notified the Court of a change in the accused's residential address:

  (i)   to a specified address; and

  (ii)   on a specified day.

  (4)   The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.

  (5)   A document purporting to be a certificate under subsection   (3) is taken to be such a certificate and to have been duly given, unless the contrary is established.