Victorian Consolidated Legislation

Evidence Act 2008 - SECT 49

Documents in foreign countries

49. Documents in foreign countries

No paragraph of section 48(1) (other than paragraph (a)) applies to a document
that is in a foreign country unless-

   (a)  the party who adduces evidence of the contents of the document in
        question has, not less than 28 days (or such other period as may be
        prescribed by the regulations or by rules of court) before the day on
        which the evidence is adduced, served on each other party a copy of
        the document proposed to be tendered; or

   (b)  the court directs that it is to apply.

Note Section 182 of the Commonwealth Act gives section 49 of the Commonwealth
Act a wider application in relation to Commonwealth records and certain
Commonwealth documents.