(1) It is not necessary to adduce the evidence of an attesting witness to a document, not being a testamentary document, to prove that the document was signed or attested as it purports to have been signed or attested.
(2) Subject to the following subsections, a copy of any entry in any book or record kept in any financial institution shall in legal proceedings be admitted in evidence as proof, in the absence of evidence to the contrary, of the entry and of the matters, transactions and accounts therein recorded.
(3) A copy of an entry in the book or record in subsection (2) shall not be admitted in evidence under this section unless it is first proved that the book or record was, at the time of the making of the entry—
(a) one of the ordinary books or records of the financial institution;
(b) that the entry was made in the usual and ordinary course of business;
(c) that the book or record is in the custody or control of the financial institution; and
(d) that the copy is a true copy thereof.
(4) The proof referred to in subsection (3) may be given by the manager or accountant of the financial institution and may be given orally or by affidavit sworn before the Registrar or any officer authorised for that purpose by the Registrar.
(5) Where a cheque has been drawn on any financial institution or branch thereof by any person, an affidavit given by the manager or accountant of the financial institution or branch, stating his or her position with the financial institution or branch—
(a) that he or she has made a careful examination and search of the books and records for the purpose of ascertaining whether or not that person has an account with the financial institution or branch; and
(b) that he or she has been unable to find such an account,
shall be admitted in evidence as proof, in the absence of evidence to the contrary, that that person has no account in the financial institution or branch.
(6) Where evidence is offered by affidavit under this section, it is not necessary to prove the signature or official character of the person making the affidavit if the official character of that person is set out in the body of the affidavit.
(7) A financial institution or officer of a financial institution is not in any legal proceedings to which the financial institution is not a party compellable to produce any book or record, the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded unless by order of the court made for special cause.
(8) On the application of any party to legal proceedings, the court may order that that party be at liberty to inspect and take copies of any entries in the books or records of a financial institution for the purposes of the legal proceedings.
(9) The person whose account is to be inspected under subsection (8) shall be notified of the application at least 2 clear days before the hearing thereof, and if it is shown to the satisfaction of the court that he or she cannot be notified personally, the notice may be given by addressing it to the financial institution.
(10) Nothing in this section shall be construed as prohibiting any search of the premises of a financial institution under the authority of a warrant.