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Version status: In force | Document consolidation status: No known changes
Version date: 19 April 2023 - onwards
Version 2 of 2

62. Documentary evidence

The Act of 1942 is amended by the insertion of the following section after section 33BA:

"33BAA.

(1) Subject to this section, information contained in a document shall be admissible in an inquiry under this Part, on or after the submission date, as evidence of any fact in the document of which direct oral evidence would be admissible.

(2) Subsection (1) applies only if the information -

(a) was compiled in the ordinary course of a business,

(b) was supplied by a person (whether or not the person who compiled it, and whether or not identifiable) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with, and

(c) in the case of information in non-legible form that has been reproduced in permanent legible form, was reproduced in the course of the normal operation of the reproduction system concerned.

(3) Information contained in a document is not admissible in evidence by virtue of subsection (1) unless the participant proposing to give it in evidence serves on each of the other participants a notice in writing which -

(a) states the intention of the participant giving the notice to give the information in evidence by virtue of subsection (1),

(b) specifies as the submission date a date not less than 21 days after the date on which the notice is served, and