Section 70 — Evidence Act 1995 (Cth)

(1) The hearsay rule does not apply to a tag or label attached to, or writing placed on, an object (including a document) if the tag or label or writing may reasonably be supposed to have been so attached or placed:

(a) in the course of a business; and

(b) for the purpose of describing or stating the identity, nature, ownership, destination, origin or weight of the object, or of the contents (if any) of the object.

Note: Section 182 gives this subsection a wider application in relation to Commonwealth records.

(2) This section, and any provision of a law of a State or Territory that permits the use in evidence of such a tag, label or writing as an exception to a rule of law restricting the admissibility or use of hearsay evidence, does not apply to:

(a) a Customs prosecution within the meaning of Part XIV of the Customs Act 1901; or

(b) an Excise prosecution within the meaning of Part XI of the Excise Act 1901.

Note: Section 5 extends the application of this subsection to proceedings in all Australian courts.

Related sections

• s 67 — Notice to be given
• s 68 — Objections to tender of hearsay evidence in civil proceedings if maker available
• s 69 — Exception: business records
• s 71 — Exception: electronic communications
• s 72 — Exception: Aboriginal and Torres Strait Islander traditional laws and customs
• s 73 — Exception: reputation as to relationships and age

Research how courts apply s 70

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.