(1) A document is admissible in summary authority proceedings to prove the truth of a matter stated in the document if:
(a) the document is produced from a record kept by:
(i) the Defence Force; or
(ii) a Department or agency of a government; or
(iii) an authority otherwise created by a law of a government; or
(iv) a business; and
(b) the record was kept by a person who, in the course of the person's duties or business:
(i) is required to create, amend, maintain or store records of that kind; or
(ii) was, at the relevant time, required to create, amend, maintain or store records of that kind.
(2) However, subrule (1) does not apply to a record created in the course of:
(a) an investigation conducted under Part VI of the Act; or
(b) an investigation conducted by a civilian police force; or
(c) any other investigation or inquiry conducted into an incident that gave rise to a charge of a service offence.
(3) For subrule (1), a document includes a copy of a document.
(4) Evidence given in relation to an admissible document may be given by statutory declaration, unless the summary authority is satisfied that giving the evidence in that way would be unfair.
(5) To avoid doubt, evidence given in relation to an admissible document may be contradicted or qualified by other evidence.
Note Section 121 of the Defence Act 1903 provides for proof of orders and appointments.