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EVIDENCE ACT 1906 - SECT 79B

EVIDENCE ACT 1906 - SECT 79B

79B .         Terms used

                In this section and in sections 79C, 79D, 79E, 79F and 79G —

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

        business record means a 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;

        derived means derived, by the use of a computer or otherwise, by calculation, comparison, selection, sorting, consolidation or by accounting, statistical or logical procedures;

        document means any record of information and includes, in addition to a document in writing —

            (a)         any book, map, plan, graph or drawing; and

            (b)         any photograph; and

            (c)         any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other device) of being reproduced therefrom; and

            (d)         any film, negative, disc, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other device) of being reproduced therefrom;

        proceedings includes arbitrations and references and court shall be construed accordingly;

        qualified person , in relation to a statement, means a person who —

            (a)         had, at the time of making of the statement, or may reasonably be supposed to have had at that time, personal knowledge of the matters dealt with by the statement; or

            (b)         where the statement is not admissible in evidence unless made by an expert on the subject of the statement, was at the time of making of the statement such an expert;

        statement includes any representation of fact or opinion whether made in words or otherwise.

        [Section 79B inserted: No. 66 of 1987 s. 5; amended: No. 71 of 2000 s. 14.]