Victorian Consolidated Legislation

Collusive Practices Act 1965 - SECT 9

Evidentiary provisions

9. Evidentiary provisions



(1) In any prosecution for an offence under this Act or in any action brought
under this Act any document containing-

   (a)  any minute, note, record or memorandum of any proceedings at any
        meeting of a trade association or of the persons or of any of the
        persons alleged to have been parties or privy to the collusive
        tendering agreement or collusive bidding agreement; or

   (b)  any entry purporting to be a copy of or extract from any such
        document-

shall, upon proof that it was produced by, or came from the custody of, those
persons or any of them, or of a responsible officer or a representative of
those persons or of any of them-

        (i)    be admissible in evidence against those persons; and

        (ii)   be evidence that the matter and things thereby appearing to
               have been done by those persons or any of them were so done,
               and that any person thereby appearing to have been present at
               the meeting was so present.

(2) In any prosecution for an offence under this Act or in any action brought
under this Act any document or anything purporting to be a copy of or extract
from any document containing any reference to any matter or thing alleged to
be done in contravention of this Act, shall, upon proof that it was produced
by or came from the custody of a person charged with the offence, or a
responsible officer or representative of that person-

   (a)  be admissible in evidence against that person; and

   (b)  be evidence of the matters and things thereby appearing, and that the
        document (or in the case of a copy that the original thereof) was
        written, signed, despatched and received by the persons by whom it
        purports to have been written, signed, despatched and received, and
        that any such copy or extract is a true copy of or extract from the
        original of or from which it purports to be a copy or extract.