Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 70

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