Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 June 2023 - onwards
Version 3 of 3

46D. Presumptions to apply in civil and criminal proceedings under this Act and related enactments.

(1) The presumptions specified in this section apply in civil and criminal proceedings under this Act, the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023, and under the related enactments.

(2) A document purporting to have been created by a person is presumed, unless the contrary is shown, to have been created by the person. Any statement contained in the document is, unless the document expressly attributes the statement to some other person, presumed to have been made by that person.

(3) A document purporting to have been created by a person and addressed and sent to a second person is presumed, unless the contrary is shown, to have been created and sent by the person and received by the second person. Any statement contained in the document is, unless the contrary is shown, presumed-

(a) to have been made by the person unless the document expressly attributes the statement to a third person, and

(b) to have come to the notice of the second person.

(4) The author of a document retrieved from an electronic database is, unless the contrary is shown, presumed to be the person who ordinarily uses the database in the course of that person’s business.