Document ID: chunk:federal_register_of_legislation:C2021C00472:section:197:p5
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 197 (pt 5/8)
Character Range: 232254–234911

given, is giving or is to give evidence.
credibility evidence is defined in section 101A.
credibility rule means section 102.
criminal proceeding means a prosecution for an offence and includes:
 (a) a proceeding for the committal of a person for trial or sentence for an offence; and
 (b) a proceeding relating to bail;
but does not include a prosecution for an offence that is a prescribed taxation offence within the meaning of Part III of the Taxation Administration Act 1953.
cross‑examination is defined in subclause 2(2) of Part 2 of this Dictionary.
cross‑examiner means a party who is cross‑examining a witness.
de facto partner is defined in clause 11 of Part 2 of this Dictionary.
document means any record of information, and includes:
 (a) anything on which there is writing; or
 (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
 (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
 (d) a map, plan, drawing or photograph.
Note: See also clause 8 of Part 2 of this Dictionary on the meaning of document.
electronic communication has the same meaning as it has in the Electronic Transactions Act 1999.
examination in chief is defined in subclause 2(1) of Part 2 of this Dictionary.
exercise of a function includes performance of a duty.
fax, in relation to a document, means a copy of the document that has been reproduced by facsimile telegraphy.
federal court means:
 (a) the High Court; or
 (b) any other court created by the Parliament (other than the Supreme Court of a Territory);
and includes a person or body (other than a court or magistrate of a State or Territory) that, in performing a function or exercising a power under a law of the Commonwealth, is required to apply the laws of evidence.
foreign court means any court (including any person or body authorised to take or receive evidence, whether on behalf of a court or otherwise and whether or not the person or body is empowered to require the answering of questions or the production of documents) of a foreign country or a part of such a country.
function includes power, authority or duty.
government or official gazette includes the Gazette.
hearsay rule means subsection 59(1).
identification evidence means evidence that is:
 (a) an assertion by a person to the effect that a defendant was, or resembles (visually, aurally or otherwise) a person who was, present at or near a place where:
 (i) the offence for which the defendant is being prosecuted was committed; or
 (ii) an act connected to that offence was done;
  at or