Evidence (Records and Documents) Amendment Act 2015 (SA)

South Australia

Evidence (Records and Documents) Amendment Act 2015

An Act to amend the Evidence Act 1929.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Evidence (Records and Documents) Amendment Act 2015.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Heading to Part 4—delete the heading and substitute:

Part 4—Documents and other records

Before section 35 insert:

Division 1—Public Acts and documents

Before section 42 insert:

Division 2—Proof of convictions, acquittals, etc

Before section 44 insert:

Division 3—Documents relating to ships or transport

Sections 45A to 45C (inclusive)—delete the sections

Heading to Part 5—delete the heading and substitute:

Division 4—Banking records

Section 46—delete "In this Part" and substitute:

In this Division

After section 51 insert:

Division 5—Other documents and records

52—Admission of certain documents in evidence

1. (1)

   An apparently genuine document purporting to contain a statement of fact, or written, graphical or pictorial matter in which a statement of fact is implicit, or from which a statement of fact may be inferred is, subject to this section, admissible in evidence.

2. (2)

   A document must not be admitted in evidence under subsection (1) if the court is not satisfied that the person by whom, or at whose direction, the document was prepared could, at the time of the preparation of the document have deposed of his or her own knowledge to the statement that is contained or implicit in, or may be inferred from, the contents of the document.

3. (3)

   A document must not be admitted in evidence under subsection (1) if the court is of the opinion—

   1. (a)

      that the person by whom, or at whose direction, the document was prepared can and should be called by the party tendering the document to give evidence of the matters contained in the document; or

   2. (b)

      that the evidentiary weight of the document is slight and is outweighed by the prejudice that might result to any of the parties from the admission of the document in evidence; or

   3. (c)

      that it would be otherwise contrary to the interests of justice to admit the document in evidence.

4. (4)

   In determining whether to admit a document in evidence under this section, the court may receive evidence by affidavit of any matter pertaining to the admission of that document in evidence.

5. (5)

   For the purpose of determining the evidentiary weight (if any) of…