(5) A person must comply with an undertaking concerning release. 10 penalty units. No. 3674 s. 20. 20 Chairman to report to law officer if witness fails to attend etc. s. 20 S. 20(1) substituted by No. 7933 s. 2(d). (1) Whenever in the opinion of the board or commission any person has been guilty of an offence against section 16 or section 19 the chairman or sole member of the board or the president or chairman of the commission or the sole commissioner (as the case may be) may certify the facts to a law officer. S. 20(2) amended by No. 110/1986 s. 140(2). (2) Upon receipt of such certificate the law officer may apply or cause an application to be made to the Supreme Court for an order calling upon such person to show cause why he should not be dealt with for an offence against this Act which order such court is hereby empowered to make. S. 20(3) amended by Nos 7933 s. 2(e), 9554 s. 2(2)(Sch. 2 item 66), 110/1986 s. 140(2). (3) Upon the return of such order if the Supreme Court is satisfied that such person has been guilty of an offence against this Act such person may for such offence be by such court fined a sum of not more than 15 penalty units or imprisoned for a term of not more than three months. s. 20 S. 20(4) repealed by No. 110/1986 s. 140(2). * * * * * S. 20(5) inserted by No. 7933 s. 2(f), amended by No. 9554 s. 2(2)(Sch. 2 item 67). (5) Where a person is convicted of an offence against section 16 or section 19, that person shall be guilty of a further offence against this Act if the offence continues after he is so convicted and liable to an additional penalty for each day during which the offence so continues of not more than 15 penalty units or imprisonment for a term of not more than three months.
(b) the provision in respect of legal services provided or to be provided by a private law practice or private legal practitioner of the whole or part of the cost of providing those services, including any out-of-pocket expenses incurred or to be incurred in providing those services; or (c) both (a) and (b); S. 21D def. of legal aid body amended by Nos 48/1995 s. 11(4)(a)(ii), 18/2005 s. 18(Sch. 1 item 40.2(c)). legal aid body means a body of persons whether corporate or unincorporate the sole or principal function of which is the provision of legal aid, but does not include a private law practice or Victoria Legal Aid; s. 21D S. 21D def. of Legal Aid Commission repealed by No. 48/1995 s. 11(4)(a)(iii). * * * * * member of a legal aid body means any member of a legal aid body, any employee of a legal aid body and any person working with or for a legal aid body (whether or not for fee or reward); S. 21D def. of private law practice inserted by No. 18/2005 s. 18(Sch. 1 item 40.2(a)). private law practice has the same meaning as in the Legal Aid Act 1978; S. 21D def. of private legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 40.2(a)). private legal practitioner has the same meaning as in the Legal Aid Act 1978;
business or official telephone number) of the person; S. 32B(1) def. of registered medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 19.1), substituted by No. 13/2010 s. 51(Sch. item 22.1). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); sexual offence means an offence to which clause 1 of Schedule 1 to the Sentencing Act 1991 applies. (2) For the purposes of this Division, a communication may be made in confidence even if it is made in the presence of a third party if the third party's presence is necessary to facilitate communication or further the treatment or counselling process. S. 32C inserted by No. 21/1998 s. 4. 32C Exclusion of evidence of confidential communications s. 32C S. 32C(1) substituted by No. 2/2006 s. 29(1). (1) In a legal proceeding— (a) a party cannot seek to compel another party to produce a document containing a confidential communication; (b) a document is not to be produced if it would disclose a confidential communication; (c) evidence is not to be adduced if it would disclose— (i) a confidential communication; or (ii) the contents of a document recording a confidential communication—
available, or disclose its contents, to the applicant for leave. S. 32C(7) amended by No. 2/2006 s. 29(3). (7) Evidence that, because of subsection (1), is not to be compelled to be produced, produced or adduced in a legal proceeding is not admissible in the proceeding. S. 32D inserted by No. 21/1998 s. 4. 32D Restriction on granting leave s. 32D S. 32D(1) amended by No. 2/2006 s. 30(1)(a). (1) A court must not grant leave to compel the production of, to produce or to adduce protected evidence unless it is satisfied, on the balance of probabilities, that— S. 32D(1)(a) substituted by No. 2/2006 s. 30(1)(b). (a) the evidence will, either by itself or having regard to other evidence produced or adduced or to be produced or adduced by the party seeking leave, have substantial probative value to a fact in issue; and (b) other evidence of similar or greater probative value concerning the matters to which the protected evidence relates is not available; and s. 32D (c) the public interest in preserving the confidentiality of confidential communications and protecting a protected confider from harm is substantially outweighed by the public interest in admitting, into evidence, evidence of substantial probative value. S. 32D(2) substituted by No. 2/2006 s. 30(2). (2) Without limiting the matters that the court may take into account for the purposes of subsection (1)(c), the court must take into account— (a) the likelihood, and the nature or extent, of harm that would be caused to the protected confider if the protected evidence is produced or adduced;
interstate witness identity protection certificate means a certificate given under a provision of a corresponding law that corresponds to section 42BB; investigation means an investigation in relation to criminal activity, including an investigation extending beyond this jurisdiction; jurisdiction means the Commonwealth or a State or Territory of the Commonwealth; law enforcement agency means the following agencies— (a) Victoria Police; (b) the Australian Crime Commission; law enforcement officer means— (a) in relation to Victoria Police—a member of Victoria Police; (b) in relation to the Australian Crime Commission—a member of staff of the Australian Crime Commission— and includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service or a police officer (however described) of another jurisdiction; local operative means a person who is or was— s. 42BA (a) authorised to acquire and use an assumed identity under the Crimes (Assumed Identities) Act 2004; or (b) a participant in an authorised operation under the Crimes (Controlled Operations) Act 2004;
custom or otherwise may be sworn and taken within Victoria before— S. 123C(1)(a) amended by No. 51/1989 s. 144(2) (k)(i)(A). (a) any judge or the associate to any judge; S. 123C(1)(b) amended by Nos 19/1989 s. 16(Sch. item 21.3), 51/1989 s. 144(2) (k)(i)(B) (as amended by No. 34/1990 s. 4(Sch. 3 item 17)), substituted by No. 24/2008 s. 78(3). (b) an Associate Judge of the Supreme Court or the associate to such Associate Judge; S. 123C(1)(ba) inserted by No. 24/2008 s. 78(3). (ba) an associate judge of the County Court or the associate to such associate judge; S. 123C(1)(c) substituted by No. 51/1989 s. 144(2) (k)(i)(C). (c) a justice of the peace or a bail justice; s. 123C S. 123C(1)(d) substituted by No. 51/1989 s. 144(2) (k)(i)(D). (d) the prothonotary or a deputy prothonotary of the Supreme Court, the registrar or a deputy registrar of the County Court, the principal registrar of the Magistrates' Court or a registrar or deputy registrar of the Magistrates' Court; S. 123C(1)(da) inserted by No. 51/1989 s. 144(2) (k)(i)(D). (da) the registrar of probates or an assistant registrar of probates;
or her discretion by whom the costs of recording and transcribing such evidence shall be paid. No. 5877 s. 2 [123]. S. 131 amended by No. 9156 s. 3(2)(b). 131 As to methods of recording evidence s. 131 Any evidence recorded under this Part shall be recorded by— S. 131(a) amended by Nos 8752 s. 6(1)(b), 9156 s. 3(2)(b), substituted by No. 100/1995 s. 23(1). (a) a shorthand writer; S. 131(b) amended by Nos 8003 s. 3(a), 10087 s. 3(1)(Sch. 1 item 57), substituted by No. 100/1995 s. 23(1). (b) mechanical means, that is to say by tape recording machine or any mechanical or electronic or other device. Ss 132–133 repealed. * * * * * No. 5877 s. 2 [126]. S. 134 amended by Nos 8752 s. 6(1)(e), 9156 s. 3(2)(d), 100/1995 s. 23(3)(a)–(c). 134 Persons recording evidence under this Part to be officers of the court Every person recording any evidence pursuant to this Part shall for the time being be an officer of any court in or for which he or she is required to record the evidence and shall be under the direction of the court with regard to the performing of his or her duty in recording and transcribing or causing to be transcribed such evidence. No. 5877 s. 2 [127]. S. 135 amended by No. 8228 s. 6(a). 135 Records made under this Part to be received as prima facie evidence of matter therein contained s. 135
such provision in such other Part shall be taken to apply. __________________ S. 146 amended by No. 110/1986 s. 140(2), repealed by No. 69/2009 s. 30. * * * * * Ss 147–149 repealed by No. 69/2009 s. 30. * * * * * S. 149A inserted by No. 7366 s. 6, amended by Nos 101/1986 s. 57, 108/1997 s. 153, substituted by No. 69/2009 s. 31. 149A Admissions of fact in confiscation proceedings s. 149A Subject to the express provisions of any Act, but despite any rule of law or procedure or any practice to the contrary, the accused person in any proceedings under the Confiscation Act 1997 may make an admission of any fact or matter that is relevant in the proceedings and any person acting judicially may accept the admission as sufficient evidence of that fact or matter without further proof unless he or she is of the opinion that it would be contrary to the interests of justice to do so having regard to all the circumstances of the case. S. 149AB inserted by No. 60/1993 s. 25, repealed by No. 69/2009 s. 33. * * * * *
Ss 149B, 149C inserted by No. 10231 s. 11, repealed by No. 69/2009 s. 33. * * * * * S. 150 substituted by No. 7366 s. 6, amended by Nos 9554 s. 2(2)(Sch. 2 item 69), 110/1986 s. 140(2), 85/1987 s. 4, repealed by No. 69/2009 s. 33. * * * * * No. 3674 s. 143. S. 151 amended by Nos 10257 s. 84(f), 57/1989 s. 3(Sch. item 67.27(a)–(c)), 68/2009 s. 97(Sch. item 54.48). 151 Abolition of extra-judicial oaths s. 151 It shall not be lawful for any person to administer or cause or allow to be received any oath or affidavit touching any matter or thing whereof such person hath not jurisdiction or cognisance by or under some Act or ordinance in force. But nothing in this section shall be construed to extend to any oath solemn affirmation or affidavit before any person in any matter or thing touching the preservation of the peace, or the prosecution trial hearing or punishment of offences; or touching any proceedings before the Legislative Council or Assembly or any committee thereof; nor to any oath or affidavit which may be required by the laws of any foreign or other country out of Victoria to give validity to instruments in writing designed to be used in foreign or other countries respectively. S. 151A inserted by No. 60/2004 s. 4. 151A Supreme Court—limitation of jurisdiction
Assent Date: 11.4.62 Commencement Date: 11.4.62 : All of Act in operation Subordinate Legislation Act 1962, No. 6886/1962 Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 : All of Act in operation Statute Law (Further Revision) Act 1962, No. 6961/1962 Assent Date: 18.12.62 Commencement Date: 18.12.62: subject to s. 3 : All of Act in operation Evidence (Affidavits) Act 1963, No. 7039/1963 Assent Date: 12.11.63 Commencement Date: 12.11.63 : All of Act in operation and Works Act 1964, No. 7228/1964 Assent Date: 15.12.64 Commencement Date: 15.3.65: Government Gazette 11.3.65 p. 557 : All of Act in operation Evidence (Reproductions) Act 1965, No. 7324/1965 Assent Date: 7.12.65 Commencement Date: 1.3.66: Government Gazette 23.2.66 p. 652 : All of Act in operation Evidence (Amendment) Act 1965, No. 7366/1965 Endnotes Assent Date: 21.12.65 Commencement Date: 21.12.65 : All of Act in operation Evidence (Medical Evidence) Act 1966, No. 7418/1966 Assent Date: 24.5.66 Commencement Date: 1.7.66: Government Gazette 22.6.66 p. 2205 : All of Act in operation Evidence (Foreign Tribunals) Act 1966, No. 7460/1966 Assent Date: 22.11.66 Commencement Date: 22.11.66 : All of Act in operation Juries Act 1967, No. 7651/1967 Assent Date: 19.12.67 Commencement Date: S. 2(1)(Sch. 1 Pt 2 item 4) on 1.1.69: Government Gazette 4.12.68 p. 3919 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Evidence (Attestations) Act 1968, No. 7660/1968
Assent Date: 26.3.68 Commencement Date: 26.3.68 : All of Act in operation Abolition of Bailiwicks Act 1968, No. 7703/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3920 : All of Act in operation County Court (Jurisdiction) Act 1968, No. 7705/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3919 : All of Act in operation Mines (Abolition of Courts) Act 1969, No. 7840/1969 Assent Date: 20.5.69 Commencement Date: 20.5.69 : All of Act in operation Justices (Amendment) Act 1969, No. 7876/1969 Endnotes Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5, 6, 7(k)(m)–(o)) on 1.4.70; ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Evidence (Bankers' Books) Act 1969, No. 7881/1969 Assent Date: 25.11.69 Commencement Date: 25.11.69 : All of Act in operation Evidence (Boards and Commissions) Act 1970, No. 7933/1970 Assent Date: 25.2.70 Commencement Date: 25.2.70 : All of Act in operation Evidence (Scientific Tests) Act 1970, No. 8003/1970 Assent Date: 17.11.70 Commencement Date: 1.3.71: Government Gazette 17.2.71 p. 389 : All of Act in operation Evidence (Registration of Commissioners) Act 1971, No. 8139/1971 Assent Date: 4.5.71 Commencement Date: 1.12.72: Government Gazette 1.3.72 p. 501 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71 : All of Act in operation Evidence (Boards and Commissions) Act 1971, No. 8190/1971
Assent Date: 30.11.71 Commencement Date: 30.11.71 : All of Act in operation Evidence (Documents) Act 1971, No. 8228/1971 Assent Date: 14.12.71 Commencement Date: 14.12.71 : All of Act in operation Evidence Act 1972, No. 8327/1972 Assent Date: 28.11.72 Commencement Date: 1.3.74: Government Gazette 13.2.74 p. 377 : All of Act in operation Companies (Interstate Corporate Affairs Commission) Act 1974, No. 8565/1974 Assent Date: 14.5.74 Commencement Date: 1.7.74: Government Gazette 29.5.74 p. 1869 : All of Act in operation Courts Administration Act 1975, No. 8752/1975 Endnotes Assent Date: 18.11.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 : All of Act in operation Companies Act 1975, No. 8787/1975 Assent Date: 2.12.75 Commencement Date: All of Act (except s. 28) on 1.3.76; s. 28 on 24.2.76: Government Gazette 24.2.76 p. 575 : All of Act in operation Rape Offences (Proceedings) Act 1976, No. 8950/1976 Assent Date: 14.12.76 Commencement Date: 1.7.77: Government Gazette 22.6.77 p. 1712 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2(2) : All of Act in operation Commissioners and Justices Act 1977, No. 9042/1977 Assent Date: 22.11.77 Commencement Date: 1.1.78: s. 1(2) : All of Act in operation Statute Law Revision Act 1977, No. 9059/1977 Assent Date: 29.11.77 Commencement Date: 29.11.77: subject to s. 2(2) : All of Act in operation Evidence (Amendment) Act 1978, No. 9156/1978
Assent Date: 5.1.82 Commencement Date: 1.7.83: Government Gazette 25.5.83 p. 1238 : All of Act in operation Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) : All of Act in operation Penalties and Sentences (Amendment) Act 1983, No. 9945/1983 Assent Date: 20.9.83 Commencement Date: S. 2 on 1.9.83: s. 1(14); s. 8 never proclaimed, repealed by No. 10096; rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035 : All of Act in operation Evidence (Amendment) Act 1984, No. 10074/1984 Assent Date: 15.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2120 : All of Act in operation Crimes (General Amendment) Act 1984, No. 10084/1984 Endnotes Assent Date: 22.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) : All of Act in operation Accident Compensation Act 1985, No. 10191/1985 Assent Date: 30.7.85 Commencement Date: S. 276(Sch. 2) on 31.8.85 (at 4 p.m.): Government Gazette 30.8.85 p. 3401 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Evidence (Amendment) Act 1985, No. 10231/1985 Assent Date: 10.12.85 Commencement Date: 1.2.86: Government Gazette 22.1.86 p. 144 : All of Act in operation Coroners Act 1985, No. 10257/1985
Assent Date: 11.5.93 Commencement Date: 11.5.93 : All of Act in operation Crimes (Criminal Trials) Act 1993, No. 60/1993 Assent Date: 8.6.93 Commencement Date: Ss 24, 25 on 1.7.93: Government Gazette 1.7.93 p. 1735 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Evidence (Proof of Offences) Act 1993, No. 74/1993 Assent Date: 26.10.93 Commencement Date: Ss 1, 2 on 26.10.93: s. 2(1); rest of Act on 1.1.94: s. 2(2) : All of Act in operation Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993 Assent Date: 7.12.93 Commencement Date: S. 20(4) on 7.12.93: s. 2(4) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Medical Practice Act 1994, No. 23/1994 Assent Date: 17.5.94 Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672 : All of Act in operation Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 item 25) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Magistrates' Court (Amendment) Act 1994, No. 33/1994 Endnotes
Assent Date: 22.4.97 Commencement Date: Ss 3, 4 on 22.12.97: Government Gazette 18.12.97 p. 3612 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Veterinary Practice Act 1997, No. 58/1997 Endnotes Assent Date: 28.10.97 Commencement Date: S. 96(Sch. item 4) on 17.3.98: Government Gazette 12.3.98 p. 520 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Crimes (Amendment) Act 1997, No. 81/1997 Assent Date: 2.12.97 Commencement Date: Ss 9–11 on 1.1.98: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Legal Practice (Amendment) Act 1997, No. 102/1997 Assent Date: 16.12.97 Commencement Date: S. 49(Sch. item 2) on 16.12.97: s. 2(1) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Confiscation Act 1997, No. 108/1997 Assent Date: 23.12.97 Commencement Date: S. 153 on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Evidence (Confidential Communications) Act 1998, No. 21/1998 Assent Date: 5.5.98 Commencement Date: Ss 1–3 on 5.5.98: s. 2(1); ss 4, 5 on 1.9.98: s. 2(3) : All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Crimes, Confiscation and Evidence Acts (Amendment) Act 1998, No. 80/1998
Coroners Act 2008, No. 77/2008 Endnotes Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 9) on 1.11.09: s. 2 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009) Assent Date: 10.3.09 Commencement Date: S. 435(7) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 54) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: Ss 3–36 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Crimes Legislation Amendment Act 2010, No. 7/2010 Assent Date: 16.3.10 Commencement Date: Ss 7–9 on 17.3.10: s. 2 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 22) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 223 on 1.12.10: Government Gazette 14.10.10 p. 2405 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958