Section 71 — Evidence Act 1995 (Cth)

The hearsay rule does not apply to a representation contained in a document recording an electronic communication so far as the representation is a representation as to:

(a) the identity of the person from whom or on whose behalf the communication was sent; or

(b) the date on which or the time at which the communication was sent; or

(c) the destination of the communication or the identity of the person to whom the communication was addressed.

Note 1: Division 3 of Part 4.3 contains presumptions about electronic communications.

Note 2: Section 182 gives this section a wider application in relation to Commonwealth records.

Note 3: Electronic communication is defined in the Dictionary.

Related sections

• s 68 — Objections to tender of hearsay evidence in civil proceedings if maker available
• s 69 — Exception: business records
• s 70 — Exception: contents of tags, labels and writing
• s 72 — Exception: Aboriginal and Torres Strait Islander traditional laws and customs
• s 73 — Exception: reputation as to relationships and age
• s 74 — Exception: reputation of public or general rights

Research how courts apply s 71

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