Commonwealth Numbered Acts

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EVIDENCE ACT 1995 No. 2 of 1995 - SECT 71

Exception: telecommunications
71. The hearsay rule does not apply to a representation contained in a
document recording a message that has been transmitted by electronic mail or
by a fax, telegram, lettergram or telex so far as the representation is a
representation as to:

   (a)  the identity of the person from whom or on whose behalf the message
        was sent; or

   (b)  the date on which or the time at which the message was sent; or

   (c)  the message's destination or the identity of the person to whom the
        message was addressed. Note 1: Division 3 of Part 4.3 contains
        presumptions about telexes, lettergrams and telegrams. Note 2: Section
        182 gives this section a wider application in relation to Commonwealth
        records. 


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