Section 146 — Evidence Act 1995 (NSW)

(1) This section applies to a document or thing—
(a) that is produced wholly or partly by a device or process, and
(b) that is tendered by a party who asserts that, in producing the document or thing, the device or process has produced a particular outcome.
(2) If it is reasonably open to find that the device or process is one that, or is of a kind that, if properly used, ordinarily produces that outcome, it is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) that, in producing the document or thing on the occasion in question, the device or process produced that outcome.
Note. Example: It would not be necessary to call evidence to prove that a photocopier normally produced complete copies of documents and that it was working properly when it was used to photocopy a particular document.

Related sections

• s 143 — Matters of law
• s 144 — Matters of common knowledge
• s 145 — Certain Crown certificates
• s 147 — Documents produced by processes, machines and other devices in the course of business
• s 148 — Evidence of certain acts of justices, Australian lawyers and notaries public
• s 149 — Attestation of documents

Research how courts apply s 146

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.