Northern Territory Consolidated Acts

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EVIDENCE ACT - SECT 42B

Conditions under which print from photographic film admissible in evidence

    (1)     A print, whether enlarged or not, from any photographic film of:

        (a)     an entry in a book or record kept by the Crown or a prescribed corporation and destroyed, lost, or delivered to a customer after the film was taken;

        (b)     a document held by the Crown or a prescribed corporation and destroyed, lost or delivered to a customer after the film was taken; or

        (c)     a document belonging to or deposited with the Crown or a prescribed corporation,

shall be admissible in evidence in all cases in which and for all purposes for which the object photographed would have been received upon proof that:

        (d)     while the book, record or document was in the custody or control of the Crown or prescribed corporation, the photographic film of it was taken in order to keep a permanent record of it; and

        (e)     the object photographed was subsequently destroyed by or in the presence of one or more of the officers or employees of the Crown or prescribed corporation, or was lost or was delivered to a customer.

    (2)     Proof of compliance with the conditions prescribed by this section may be given by any one or more of the officers or employees of the Crown or prescribed corporation, having knowledge of the taking of the photographic film, of the destruction, loss, or delivery to a customer of the object photographed, or of the making of the print, as the case may be, either orally on oath or by affidavit.

    (4)     Subject to subsection (5), the provisions of this section apply only in respect of books, records, and documents which, if they were still in existence or in the possession or custody of the Crown or prescribed corporation, would be not less than 20 years old at the date when the print from the photographic film is tendered in evidence.

    (5)     In respect of the ledger record maintained by a prescribed corporation, being an ADI, of the transactions by a customer of the ADI upon his or her account with the ADI, the provisions of subsection (4) shall be read and construed as if the words "20 years" were omitted and the words "6 years" were inserted in their stead.

    (6)     In this section:

"Crown" means the Crown in right of the Territory or the Commonwealth.

"photographic film" includes any photographic plate, micro-photographic film or photostatic negative.

"prescribed corporation" means:

        (a)     any statutory body representing the Crown;

        (b)     any ADI; or

        (c)     any public company carrying on insurance business or such other class of business as is specified by the Minister by notice published in the Gazette .

"public company" means a company carrying on business in the Territory by virtue of the provisions of the Corporations Act 2001 or a law relating to companies in force in the Territory and not being a proprietary company, private company or no liability company according to the law in force in the State, Territory or country in which it is registered or incorporated.

"statutory body representing the Crown" means any public body declared by the Minister by notice published in the Gazette to be a statutory body representing the Crown.

    (7)     Nothing in this section limits or prevents the admission in evidence of a print of photographic film which would have been so admitted if it had been tendered as evidence before the commencement of this section.



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