Evidence (Amendment) Act 1966 (NSW)

EVIDENCE (AMENDMENT) ACT.
Act No. 1, 1966.

An Act to make certain trade and business records admissible as evidence in criminal proceedings; to amend the Evidence Act, 1898, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 9th March, 1966.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative	Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as follows: —

(1) This Act may be cited as the "Evidence (Amend

ment) Act, 1966".

(2) The Evidence Act, 1898, as amended by subsequent Acts and by this Act, may be cited as the Evidence Act, 1898-1966.

The Evidence Act, 1898, as amended by subsequent

Acts, is amended—

(a) (i) by inserting in the matter relating to Part IIA
in section one after the word "Issue" the words
"in Civil Proceedings";
(ii) by inserting next after the same matter the
following new matter : —

PART IIB.—Admissibility of Documentary
Evidence as to Facts in Issue in
Criminal Proceedings—ss. 14CA-14CC.

(b) by inserting in subsection two of section three after
the figures "1954," the words "or the Evidence
(Amendment) Act, 1966,";

P42773—l

(c)

(c)

by inserting at the end of the heading to Part IIA tiie words "in Civil Proceedings";

(d)

by inserting next after Part IIA the following new Part: —

PART I I B .

Admissibility of Documentary Evidence as to Facts
in Issue in Criminal Proceedings.

14CA. In this Part of this Act—
"Business" includes any public transport, public utility or similar undertaking carried on by the Crown or a statutory body representing the Crown within the meaning of the Local Government Act, 1919, as amended by subsequent Acts, or a municipal, shire or county council within the meaning of that Act, as so amended.
"Court" means the court, judge, justice or person
before whom proceedings are taken or held.
"Document" includes any device by means of

which information is recorded or stored.
"Statement" includes any representation of fact,
whether made in words or otherwise.

14CB. (1) In any criminal proceedings, the hearing of which commences after the commence ment of the Evidence (Amendment) Act, 1966,

where direct oral evidence of a fact would be
admissible, any statement contained in a document and tending to establish that fact shall, on produc tion of the document, be admissible as evidence of that fact if—

(a)

the document is, or forms part of, a record relating to any trade or business and com piled, in the course of that trade or business, from information supplied (whether directly or indirectly) by persons who had,

or

or may reasonably be supposed to have had, personal knowledge of the matters dealt with in the information they supplied; and

(b) the person who supplied the information recorded in the statement in question is dead, or beyond the seas, or unfit by reason of his bodily or mental condition to attend as a witness, or cannot with reasonable diligence be identified or found, or cannot reasonably be expected (having regard to the time which has elapsed since he supplied the information and to all the circum stances) to have any recollection of the matters dealt with in the information he supplied.

(2) For the purpose of deciding whether or not a statement is admissible as evidence by virtue of this section, the court may draw any reasonable inference from the form or content of the document in which the statement is contained, or from any other circumstances, and may, in decid ing whether or not a person is fit to attend as a witness, act on a certificate purporting to be a certificate of a legally qualified medical practitioner.
14cc. In estimating the weight, if any, to be attached to a statement admissible as evidence by this Part of this Act, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or other

question whether or not the person who supplied wise of the statement, and in particular to the

the information recorded in the statement did so contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not that person, or any person concerned with making or keeping the record containing the state ment, had any incentive to conceal or misrepresent the facts.
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Evidence (Amendment) Act 1966 (NSW)

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(a)	(i)	by inserting in the matter relating to Part IIA
in section one after the word "Issue" the words "in Civil Proceedings";
(ii)	by inserting next after the same matter the
following new matter : —

(b)	by inserting in subsection two of section three after
the figures "1954," the words "or the Evidence (Amendment) Act, 1966,";

(c)	by inserting at the end of the heading to Part IIA tiie words "in Civil Proceedings";
(d)	by inserting next after Part IIA the following new Part: —

where direct oral evidence of a fact would be
admissible, any statement contained in a document and tending to establish that fact shall, on produc tion of the document, be admissible as evidence of that fact if—
(a)	the document is, or forms part of, a record relating to any trade or business and com piled, in the course of that trade or business, from information supplied (whether directly or indirectly) by persons who had,

question whether or not the person who supplied	wise of the statement, and in particular to the
the information recorded in the statement did so contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not that person, or any person concerned with making or keeping the record containing the state ment, had any incentive to conceal or misrepresent the facts.