Section 70 — Evidence Act 1995 (NSW)

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. The Commonwealth Act has an additional subsection. It provides that the exception does not apply to Customs and Excise prosecutions. Section 5 of the Commonwealth Act extends the application of that 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 NSW and High Court caselaw by meaning — every answer cited to the paragraph.