134 Persons recording evidence under this Part to be No. 5877 s. 2 officers of the court [126]. S. 134 Every person recording any evidence pursuant to amended by Nos 8752 this Part shall for the time being be an officer of s. 6(1)(e), 9156 any court in or for which he or she is required to s. 3(2)(d), 100/1995 record the evidence and shall be under the s. 23(3)(a)–(c). direction of the court with regard to the performing of his or her duty in recording and transcribing or causing to be transcribed such evidence. No. 5877 s. 2 135 Records made under this Part to be received as [127]. prima facie evidence of matter therein contained S. 135 amended by No. 8228 s. 6(a). S. 135(1) (1) The notes of any shorthand writer or the record amended by made by mechanical means under this Part and the Nos 8752 written transcript of such notes or record when s. 6(1)(f)(i)(ii), 9156 s. 3(2)(e), certified as correct by the shorthand writer or the substituted by person recording the evidence or the person No. 100/1995 s. 23(4). preparing the written transcript are evidence of anything recorded in the notes, record or transcript. S. 135(2) (2) Where it is made to appear to a court that a inserted by document contains a written transcript of the notes No. 8228 s. 6(b), of a shorthand writer or of a record made under amended by this Part by a writer or person who is dead or who Nos 8752 s. 6(1)(f)(iii), is out of Victoria or who is unfit by reason of his 100/1995 bodily or mental condition to certify to the s. 23(5). correctness of the transcript of the notes or record and the court is satisfied that the transcript of the notes or record is correct the court may receive the transcript as prima facie evidence of anything therein recorded.
No. 5877 s. 2 [126]. S. 134 amended by Nos 8752 s. 6(1)(e), 9156 s. 3(2)(d), 100/1995 s. 23(3)(a)–(c). 134 Persons recording evidence under this Part to be officers of the court Every person recording any evidence pursuant to this Part shall for the time being be an officer of any court in or for which he or she is required to record the evidence and shall be under the direction of the court with regard to the performing of his or her duty in recording and transcribing or causing to be transcribed such evidence. No. 5877 s. 2 [127]. S. 135 amended by No. 8228 s. 6(a). 135 Records made under this Part to be received as prima facie evidence of matter therein contained S. 135(1) amended by Nos 8752 s. 6(1)(f)(i)(ii), 9156 s. 3(2)(e), substituted by No. 100/1995 s. 23(4). (1) The notes of any shorthand writer or the record made by mechanical means under this Part and the written transcript of such notes or record when certified as correct by the shorthand writer or the person recording the evidence or the person preparing the written transcript are evidence of anything recorded in the notes, record or transcript. S. 135(2) inserted by No. 8228 s. 6(b), amended by Nos 8752 s. 6(1)(f)(iii), 100/1995 s. 23(5). (2) Where it is made to appear to a court that a document contains a written transcript of the notes of a shorthand writer or of a record made under this Part by a writer or person who is dead or who is out of Victoria or who is unfit by reason of his bodily or mental condition to certify to the correctness of the transcript of the notes or record and the court is satisfied that the transcript of the notes or record is correct the court may receive the transcript as prima facie evidence of anything therein recorded.
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