Document ID: chunk:federal_register_of_legislation:C2021C00472:section:197:p6
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 197 (pt 6/8)
Character Range: 234681–237373

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 about the time at which the offence was committed or the act was done, being an assertion that is based wholly or partly on what the person making the assertion saw, heard or otherwise perceived at that place and time; or
 (b) a report (whether oral or in writing) of such an assertion.
investigating official means:
 (a) a police officer (other than a police officer who is engaged in covert investigations under the orders of a superior); or
 (b) a person appointed by or under an Australian law (other than a person who is engaged in covert investigations under the orders of a superior) whose functions include functions in respect of the prevention or investigation of offences.
joint sitting means:
 (a) in relation to the Parliament—a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor‑General under section 57 of the Constitution or convened under any Act; or
 (b) in relation to a bicameral legislature of a State—a joint sitting of both Houses of the legislature convened under a law of the State.
judge, in relation to a proceeding, means the judge, magistrate or other person before whom the proceeding is being held.
law is defined in clause 9 of Part 2 of this Dictionary.
leading question means a question asked of a witness that:
 (a) directly or indirectly suggests a particular answer to the question; or
 (b) assumes the existence of a fact the existence of which is in dispute in the proceeding and as to the existence of which the witness has not given evidence before the question is asked.
legal counsel means an Australian lawyer employed in or by a government agency or other body who by law is exempted from holding an Australian practising certificate, or who does not require an Australian practising certificate, to engage in legal practice in the course of that employment.
Note: Examples of legal counsel are in‑house counsel and government solicitors.
Legislative Assembly means any present or former Legislative Assembly of a Territory, and includes the Australian Capital Territory House of Assembly.
offence means an offence against or arising under an Australian law.
opinion rule means section 76.
overseas‑registered foreign lawyer means a natural person who is properly registered to engage in legal practice in a foreign country by an entity in the country having the function, conferred by the law of the country, of registering persons to engage in legal practice in