Communications Regulation Act 2002

46D

F100 [ Presumptions to apply in civil and criminal proceedings under this Act and related enactments.

46D. (1) The presumptions specified in this section apply in civil and criminal proceedings under this Act 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.

(5) If an authorised officer who has, in the exercise of the officer s powers under this Act, removed one or more documents from a place, gives evidence in proceedings under this Act or a related enactment that, to the best of the officer s knowledge and belief, the material is the property of a specified person, the material is, unless the contrary is shown, presumed to be that person s property.

(6) If, in accordance with subsection (5) , an authorised officer gives evidence that material is the property of a specified person and also gives evidence that, to the best of the officer s knowledge and belief, the material relates to a particular trade, profession or other activity carried on by that person, the material is, unless the contrary is shown, presumed to be material that relates to such a trade, profession or activity.

(7) A reference in this section to a document is a reference to anything that is in writing. ]