National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-8 - EVIDENTIARY USE OF CERTAIN MATERIAL  

Division 2 - Evidentiary use of certain material  

SECTION 307   COPIES OF, OR EXTRACTS FROM, CERTAIN BOOKS  

307(1)    
A copy of, or an extract from, a book relating to:


(a) affairs of a licensee, credit representative or other person who engages, or has engaged, in a credit activity; or


(b) a matter referred to in paragraph 266(1)(d) or (e) or (2)(c) or (d);

is admissible in evidence in proceedings as if the copy were the original book, or the extract were the relevant part of the original book, as the case may be, whether or not the copy or extract was made under section 271 .


307(2)    
A copy of, or an extract from, a book is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the book, or of the relevant part of the book, as the case may be.

307(3)    
For the purposes of subsection (2), a person who has compared:


(a) a copy of a book with the book; or


(b) an extract from a book with the relevant part of the book;

may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the book or relevant part, as the case may be.



 

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