Northern Territory Consolidated Acts

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EVIDENCE (BUSINESS RECORDS) INTERIM ARRANGEMENTS ACT - SECT 4

Interpretation

4. Interpretation

In this Act, unless the contrary intention appears -

"business" includes -

(a) a business, profession, occupation, calling, trade or undertaking whether engaged in or carried on -

(i) by the Crown in right of the Territory or in any of its other capacities, or a person;

(ii) for profit or not; or

(iii) in the Territory or elsewhere; and

(b) public administration of the Territory, the Commonwealth, including another Territory of the Commonwealth, a State or a country, carried on in the Territory or elsewhere;

"derived" means derived, by the use of a computer or otherwise, by calculation, comparison, selection, sorting, consolidation or by accounting, statistical or logical procedures;

"qualified person", in relation to a statement made in the course of or for the purposes of a business, means a person who, at the time when the statement was made -

(a) was -

(i) an owner of the business or a person carrying on the business;

(ii) a servant or agent employed or engaged in the business;

(iii) a person retained for the purposes of the business; or

(iv) a person associated with the business in the course of another business; and

(b)

(i) where the statement is not admissible in evidence unless made by an expert on the subject matter of the statement, was such an expert; or

(ii) in any other case, had, or may reasonably be supposed to have had, personal knowledge of the facts stated;

(2) For the purposes of this Act, a statement in a document is made by a person if it is -

(a) written, made, dictated or otherwise produced by him; or

(b) recognized by him as his statement by signing, initialling or otherwise.

(3) For the purposes of this Act, a person is concerned in the making of a statement if he made -

(a) that statement; or

(b) a statement containing information which the statement the admissibility of which is in question reproduces or from which the statement in question is wholly or in part derived.



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