Northern Territory Consolidated Acts

EVIDENCE (BUSINESS RECORDS) INTERIM ARRANGEMENTS ACT - SECT 5

(1) Subject to this Act, where in a legal proceeding evidence of a fact or of an opinion is admissible, a statement of the fact or opinion in a document is admissible as evidence of the fact or opinion if -

(a) the document forms part of a record of a business, whether or not the business existed at the time when the question of admissibility arises;

(b) the statement was made in the course of or for the purposes of the business; and

(c) the statement was -

(i) made by a qualified person; or

(ii) reproduced or derived from information -

(A) in one or more statements, each made by a qualified person in the course of or for the purposes of the business; or

(B) from one or more devices designed for, and used for the purposes of the business in or for, recording, measuring, counting or identifying information, not being information based on information supplied by a person,

or both.

(2) This section makes a statement admissible notwithstanding -

(a) the rules against hearsay;

(b) the rules against secondary evidence of the contents of a document;

(c) that a person concerned in the making of the statement is a witness in the legal proceeding, whether or not he gives testimony consistent or inconsistent with the statement; or

(d) that the statement is in such a form that it would not be admissible if given as oral testimony,

but does not make admissible a statement which is otherwise inadmissible.