South Australian Consolidated Acts

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EVIDENCE ACT 1929 - SECT 45A

45A—Admission of business records in evidence

        (1)         An apparently genuine document purporting to be a business record

            (a)         shall be admissible in evidence without further proof; and

            (b)         shall be evidence of any fact stated in the record, or any fact that may be inferred from the record (whether the inference arises wholly from the matter contained in the record, or from that matter in conjunction with other evidence).

        (2)         A document shall not be admitted in evidence under this section if the court is of the opinion—

            (a)         that the person by whom, or at whose direction, the document was prepared can and should be called by the party tendering the document to give evidence of the matters contained in the document; or

            (b)         that the evidentiary weight of the document is slight and is outweighed by the prejudice that might result to any of the parties from the admission of the document in evidence; or

            (c)         that it would be otherwise contrary to the interests of justice to admit the document in evidence.

        (3)         For the purpose of determining the evidentiary weight, if any, of a document admitted in evidence under this section, consideration shall be given to the source from which the document is produced, the safeguards (if any) that have been taken to ensure its accuracy, and any other relevant matters.

        (4)         In this section—

"business" means business, occupation, trade or calling and includes the business of any governmental or local governmental body or instrumentality;

"business record" means—

            (a)         any book of account or other document prepared or used in the ordinary course of a business for the purpose of recording any matter relating to the business; or

            (b)         any reproduction of any such record by photographic, photostatic, lithographic or other like process.



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