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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

In a proceeding involving a secure electronic record, what must the Court presume unless the contrary is proved?

The Court must presume, unless the contrary is proved, that the secure electronic record has not been altered since the specific point of time to which its secure status relates. This is the presumption under section 86(1); it does not cover age or origin.

  1. AThat the record has not been altered since the specific point of time to which its secure status relatesCorrect
  2. BThat the record was created by a government department
  3. CThat the record is more than five years old
  4. DThat the record is a public document open to inspection by anyone

Explanation

Section 86(1) requires the Court to presume, unless the contrary is proved, that a secure electronic record has not been altered since the specific point of time to which the secure status relates. It creates no presumption about age, origin or public character.

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