South Australian Consolidated Acts South Australian Consolidated Acts45C—Modification of best evidence rule
(1) A document that
accurately reproduces the contents of another document is admissible in
evidence before a court in the same circumstances, and for the same purposes,
as that other document (whether or not that other document still exists).
(2) In determining
whether a particular document accurately reproduces the contents of another, a
court is not bound by the rules of evidence and, in particular—
(a) the
court may rely on its own knowledge of the nature and reliability of the
processes by which the reproduction was made;
(b) the
court may make findings based on the certificate of a person with knowledge
and experience of the processes by which the reproduction was made;
(c) the
court may make findings based on the certificate of a person who has compared
the contents of both documents and found them to be identical;
(d) the
court may act on any other basis it considers appropriate in the
circumstances.
(3) This section
applies to reproductions made—
(a) by
an instantaneous process; or
(b) by a
process in which the contents of a document are recorded (by photographic,
electronic or other means) and the reproduction is subsequently produced from
that record; or
(c) in
any other way.
(4) Where a
reproduction is made by an approved process, it will be presumed that it
accurately reproduces the contents of the document purportedly reproduced
unless the contrary is established.
(5) The above
reference to an approved process is a reference to a process prescribed by
regulation for the purposes of this subsection.
(6) Where a court
admits or refuses to admit a document under this section, the court must, if
so requested by a party to the proceedings, state the reason for its decision.
(7) A person who gives
a certificate for the purposes of this section knowing it to be false is
guilty of an indictable offence.
Penalty: Division 5 imprisonment.