Document ID: chunk:federal_register_of_legislation:F2023C00698:schedule:1:p1
Version: federal_register_of_legislation:F2023C00698
Segment Type: schedule
Provision Reference: sch 1 (pt 1/4)
Character Range: 9959–12693

Schedule 1—Forms

Form 1—Certificate under section 128 or 128A of the Evidence Act 1995
Note: See subsection 8(1).

[Set out heading to action or matter]

CERTIFICATE UNDER SECTION 128 OR 128A OF THE
EVIDENCE ACT 1995
This Court certifies under section 128*/128A* of the Evidence Act 1995 of the Commonwealth that evidence in these proceedings by [state name of witness] on [state date or dates], a record of which is attached to this certificate*, is evidence*/information* to which subsection 128(7)*/128A(8)* of that Act applies.
[A transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the court or its proper officer.]

   Dated:

L.S.
(affix seal)

Judge or magistrate of the Court

*Delete if not applicable
Note: Subsection 128(7) of the Evidence Act 1995 provides as follows:
(7) In any proceeding in an Australian court:
(a) evidence given by a person in respect of which a certificate under this section has been given; and
(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence;
cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.
Subsection 128A(8) of the Evidence Act 1995 provides as follows:
(8) In any proceeding in an Australian court:
(a) evidence of information disclosed by a relevant person in respect of which a certificate has been given under this section; and
(b) evidence of any information, document or thing obtained as a direct result or indirect consequence of the relevant person having disclosed that information;
cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence concerned.

Form 2—Affidavit of member of State or Territory police force concerning fingerprints
Note: See section 10.

Section 179 of the Evidence Act 1995

Affidavit of member of State or Territory police force concerning fingerprints
[Set out heading to action or matter]
I, [name of deponent] of [address of deponent], a member of the police force of [State or Territory] make oath and say*/affirm*:
1. I am a fingerprint expert for the police force of [State or Territory].
2. I have examined the fingerprint form marked for identification with the letter 'A'.
3. I have compared the fingerprints shown on that form with the fingerprints shown on the fingerprint form in the records held by the police force of [State or Territory] showing the fingerprints of [name of person and alias, if any].
4. The fingerprints on those forms were compared and in my opinion were made by the same source.
5. According to the records of the