National Consumer Credit Protection Act 2009

CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES  

PART 2-5 - FINANCIAL RECORDS, TRUST ACCOUNTS AND AUDIT REPORTS  

Division 2 - Financial records of licensees  

SECTION 96   FINANCIAL RECORDS ARE PRIMA FACIE EVIDENCE OF MATTERS  

96(1)   [ Financial records prima facie evidence]  

In proceedings in a court, a financial record kept under this Division is admissible as prima facie evidence of any matter in the financial record.

96(2)   [ Presumed financial record unless contrary is proved]  

A document purporting to be a financial record kept by a licensee under this Division is, unless the contrary is proved, presumed to be a financial record kept by the licensee under this Division.

96(3)   [ Electronic records]  

If:

(a) because of subsection (1) a financial record is prima facie evidence of a matter; and

(b) the financial record, or a part of the financial, is kept or prepared by recording or storing matters (including that matter) by means of a mechanical, electronic or other device;

a written reproduction of that matter as so recorded or stored is admissible as prima facie evidence of that matter in a proceeding in a court.

96(4)   [ Written reproduction of electronic records]  

A written document that purports to reproduce a matter recorded or stored by means of a mechanical, electronic or other device is, unless the contrary is proved, presumed to be a reproduction of that matter.