Evidence Act · s 178
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Open the official texts 178Application of section 177 to banks that have ceased business
Section 177 shall apply to a copy of an entry or matter recorded in a record used in the ordinary course of business of a former bank which is tendered in evidence in criminal proceedings as it applies to a copy of an entry or matter recorded in a banker’s record, but with the following modifications —
subsection (1)(a)(ii) thereof shall be construed as if for “the bank” there were substituted “any person duly authorised in that behalf or otherwise responsible for administering the affairs of the former bank”; and
a reference therein to an officer of a bank shall, in relation to the former bank, be construed as a reference to any person who is, or is an officer of, a person responsible for administering the affairs of the former bank.
Evidence
Section 177 shall apply to a copy of an entry or matter recorded in a record used in the ordinary course of business of a body designated by the Minister of Finance under section 179 for the purposes of criminal proceedings which is tendered in evidence in those criminal proceedings as it applies to a copy of an entry or matter recorded in a banker’s record, but with the following modifications —
a reference therein to a bank shall be construed as a reference to any person responsible for administering the affairs of that body;
a reference therein to an officer of a bank shall be construed as a reference to any person who is, or is an officer of, a person responsible for administering the affairs of that body.
In subsection (1), “former bank” means a bank which is being or has been wound up or dissolved or has otherwise ceased to carry on the business of banking.