6. Documentary Evidence

6–1 Section 50(1)(a) of the uniform Evidence Acts should be amended by removing the words ‘before the hearing concerned’.

6–2 Section 71 of the uniform Evidence Acts should be amended to replace the words ‘a document recording a message that has been transmitted by electronic mail or by a fax, telegram, lettergram or telex’ with the words ‘an electronic communication’, and to insert as s 71(2) a definition for ‘electronic communication’ identical to that in s 5 of the Electronic Transactions Act 1999 (Cth).

6–3 The uniform Evidence Acts should be amended by the insertion of a new provision in terms equivalent to s 161 facilitating proof of electronic communications. The provision will provide for presumptions in relation to electronic communications and should include presumptions as to the source and destination of the communication.