S. 3 substituted by No. 8228 s. 2(1). 3 Definitions (1) In this Act unless inconsistent with the context or subject-matter— S. 3(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 25.1). authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth; business includes public administration and any business profession occupation calling trade or undertaking whether engaged in or carried on by the Crown, or by a statutory authority, or by any other person, whether or not it is engaged in or carried on for profit; S. 3(1) def. of child inserted by No. 2/2006 s. 24(a). child means a person who is under the age of 18 years; S. 3(1) def. of cognitive impairment inserted by No. 2/2006 s. 24(a). cognitive impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury; court in relation to any legal proceeding, includes a person acting judicially; criminal proceedings means any proceedings for or with respect to the committal for trial of any person for an indictable offence or the trial of any person for a summary or indictable offence; U.K. 1965 s. 4(1), U.K. 1968 s. 10(1), N.Z. s. 2(c). document includes, in addition to a document in writing— (a) any book map plan graph or drawing; (b) any photograph;
S. 3(1) def. of sexual offence inserted by No. 8/1991 s. 7(b). sexual offence means an offence under Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment or an attempt to commit any such offence or an assault with intent to commit any such offence; U.K. 1968 s. 10(2). statement includes any representation of fact whether made in words or otherwise. S. 3(2) substituted by No. 7/2010 s. 7. (2) A reference in this Act to a document includes a reference to— (a) any part of the document; or (b) any copy, reproduction or duplicate of the document or of any part of the document; or (c) any part of such a copy, reproduction or duplicate. __________________
(a) a document produced at the examination; and (b) answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination. S. 5 substituted by No. 57/1990 s. 4, amended by No. 68/2009 s. 97(Sch. item 54.1), repealed by No. 69/2009 s. 4. * * * * * S. 6 substituted by No. 57/1990 s. 4. 6 Operation of other laws This Division is not intended to exclude or limit the operation of any other law, or of any rule or regulation made under, or in pursuance of, such a law, that makes provision for the examination of witnesses for the purpose of a proceeding in . Ss 7–9 repealed by No. 57/1990 s. 4. * * * * * Pt 1 Div. 1A (Heading and ss 9A–9J) inserted by No. 8327 s. 2(b), amended by No. 57/1989 s. 3(Sch. items 67.4, 67.5), substituted as Pt 1 Div. 1A (Heading and ss 9A–9E) by No. 57/1990 s. 5. Division 1A—Examination of witnesses abroad
as a result of an order made by a court by virtue of this section in relation to an inferior court as if— (a) in subsections (5), (6) and (7)— (i) a reference to the proceeding were a reference to the proceeding in the inferior court; and (ii) a reference to the court were a reference to the inferior court; and (b) in subsections (5) and (7), a reference to an order made under subsection (1) were a reference to an order made by a court by virtue of this section. S. 9J inserted by No. 57/1990 s. 5, amended by No. 68/2009 s. 97(Sch. item 54.3). 9J Exclusion of evidence in criminal proceedings This Division does not affect the power of a court in a criminal proceeding to exclude evidence that has been obtained illegally or would, if admitted, operate unfairly against the accused. S. 9K inserted by No. 57/1990 s. 5. 9K Operation of other laws This Division is not intended to exclude or limit the operation of any other law of the State, or of any rule or regulation made under, or in pursuance of such a law, that makes provision for the examination of witnesses outside the State for the purpose of a proceeding in the State. Pt 1 Div. 1C (Heading and ss 9L–9Q) inserted by No. 57/1990 s. 6. Division 1C—Taking of evidence for foreign and Australian courts S. 9L inserted by No. 57/1990 s. 6. 9L Definitions In this Division—
S. 21I(2) amended by Nos 57/1989 s. 3(Sch. item 67.8), 46/1998 s. 7(Sch. 1). (2) The Secretary to the Department of Justice may declare a person to be a family mediator by notice published in the Government Gazette. S. 21J inserted by No. 10231 s. 5, amended by No. 42/1987 s. 5. 21J Admissions etc. made at mediation conferences Evidence of anything said or of any admission or agreement made at or of any document prepared for the purpose of a conference with a family mediator in connexion with a family mediation centre is not admissible in any court or legal proceeding. Pt 1 Div. 8 (Heading and ss 21K–21N) inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(a). Division 8—Dispute settlement centres S. 21K inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c). 21K Definitions In this Division— dispute settlement centre means an organisation declared by Order of the Governor in Council to be a dispute settlement centre; S. 21K def. of mediator amended by No. 46/1998 s. 7(Sch. 1). mediator means a person who is declared, by notice by the Secretary to the Department of Justice published in the Government Gazette, to be a mediator. S. 21L inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c). 21L Admissions etc. at mediation conferences Evidence of anything said or of any admission or agreement made at, or of any document prepared for the purpose of, a conference with a mediator in connection with a dispute settlement centre is not admissible in any court or legal proceeding,
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(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 (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;
the day of a hearing shortly before or after the hearing) between the accused and any legal practitioner at the court point representing him or her in the proceeding and documents to be transmitted between both points by those persons. S. 42S inserted by No. 4/1997 s. 3, amended by No. 68/2009 s. 97(Sch. item 54.44). 42S Protection of communication between accused and legal representative Without limiting any other protection applying to it, a communication by audio link or audio visual link, or a document transmitted, between an accused and his or her legal representative in accordance with this Part is as confidential and as inadmissible in any proceeding as it would be if the communication took place or the document was produced while they were in each other's presence. S. 42T inserted by No. 4/1997 s. 3, amended by Nos 21/1999 s. 40, 68/2009 s. 97(Sch. item 54.45). 42T Application of Surveillance Devices Act 1999 The Surveillance Devices Act 1999 applies to a communication by audio link or audio visual link, or a document transmitted, between an accused and his or her legal representative in accordance with this Part as if— S. 42T(a) amended by No. 68/2009 s. 97(Sch. item 54.45). (a) the communication were a private conversation within the meaning of that Act to which the parties were the accused and his or her legal representative; and S. 42T(b) amended by No. 68/2009 s. 97(Sch. item 54.45). (b) any data, text or visual images in the transmitted document were words spoken to or by a person in a private conversation within the meaning of that Act to which the parties were the accused and his or her legal representative; and (c) references in that Act to the use of a listening device to overhear, record, monitor or listen to a private conversation included, in relation
Pt 4 Div. 4 (Heading) amended by No. 51/1989 s. 144(2)(d). Division 4—Statutory declarations No. 3674 s. 100. S. 107 substituted by No. 51/1989 s. 144(2)(e). 107 Statutory declarations (1) A statutory declaration must— (a) contain an acknowledgement that it is true and correct and is made in the belief that a person making a false declaration is liable to the penalties of perjury; and (b) be signed by the person making it in the presence of a person who is authorised under section 107A(1) to witness the signing of a statutory declaration. (2) A person who makes a declaration which the person knows to be false is liable to the penalties of perjury. S. 107A inserted by No. 51/1989 s. 144(2)(e) (as amended by No. 34/1990 s. 4(Sch. 3 item 16)). 107A List of persons who may witness statutory declarations (1) Any of the following persons may witness the signing of a statutory declaration— (a) a justice of the peace or a bail justice; S. 107A(1)(b) substituted by No. 52/2001 s. 13(2)(a). (b) a public notary; S. 107A(1)(c) substituted by No. 18/2005 s. 18(Sch. 1 item 40.4), amended by No. 17/2014 s. 160(Sch. 2 item 40.2). (c) an Australian lawyer;
S. 140(2)(a) amended by Nos 10257 s. 84(e)(i)(ii), 100/1995 s. 23(8)(a). (a) evidence means evidence given in any legal proceeding or coroner's inquest and includes any ruling direction summing up judgment or other matter in that proceeding or inquest that is directed to be recorded and transcribed; S. 140(2)(b) repealed by No. 100/1995 s. 23(8)(b). * * * * * S. 140(3) inserted by No. 9156 s. 3(1), repealed by No. 100/1995 s. 23(9). * * * * * __________________ No. 3674 s. 133. 141 Persons making wilful false statements on oath, declaration etc. guilty of perjury Any person who upon or in any oath examination affidavit affirmation or declaration whatsoever which is mentioned or referred to or which is required authorized or permitted in or by or under any provision of this Act wilfully and corruptly makes any false statement whether oral or in writing shall be deemed to be guilty of wilful and corrupt perjury. This section shall apply notwithstanding that such oath examination affidavit affirmation or declaration may be required authorized or permitted by or under any other Act whether passed before or after the commencement of this Act.
It is the intention of section 42BE(1) to alter or vary section 85 of the Constitution Act 1975. S. 152 inserted by No. 7366 s. 7, amended by Nos 7705 s. 10, 7876 s. 2(3), 34/1990 s. 6(a). 152 Regulations S. 152(1) amended by Nos 10257 s. 84(g), 57/1989 s. 3(Sch. item 67.28), 68/2009 s. 97(Sch. item 54.49), 69/2009 s. 32(b), repealed by No. 52/2012 s. 16. * * * * * S. 152(2) inserted by No. 34/1990 s. 6(b). (2) The Governor in Council may make regulations for or with respect to— S. 152(2)(aa) inserted by No. 8/1991 s. 11(2), repealed by No. 68/2009 s. 97(Sch. item 54.50). * * * * *
S. 152(2)(a) amended by No. 46/1998 s. 7(Sch. 1). (a) prescribing classification for the purposes of section 107A; and S. 152(2)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) prescribing classification for the purposes of section 123C; and (c) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. S. 153 inserted by No. 81/1997 s. 11, repealed by No. 69/2009 s. 33. * * * * * S. 154 inserted by No. 21/1998 s. 5, repealed by No. 69/2009 s. 33. * * * * * S. 155 inserted by No. 92/2000 s. 14. 155 Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000 The amendment of section 37A(1) of this Act made by section 13 of the Magistrates' Court (Committal Proceedings) Act 2000 applies to applications for leave under Rule (2) made under that section on or after the commencement of section 13 of that Act irrespective of when the committal proceeding is commenced or when any offence to which the proceeding relates is alleged to have been committed.
Sch. 2 amended by Nos 7705 s. 10, 117/1986 s. 6(Sch. 1 item 1(11)), 4/1997 s. 4(2), 45/2001 s. 41(2)(a)-(d), 69/2009 s. 35, 37/2014 s. 10(Sch. item 59.7). S. 12 To the governor of the gaol at [or as the case may be] and to all police officers: It is hereby ordered under the provisions of the Evidence (Miscellaneous Provisions) Act 1958, that [here insert name of prisoner], a person now in your physical custody at [here insert name of place of detention] be brought before the [here insert name of court, &c.] at [insert place where court, &c., is to be holden] [or be brought to [insert place where facilities exist to enable the person to appear by audio or audio visual link within the meaning of Part IIA of that Act before that court at that place]] on the day of then and there to testify what he or she knows concerning the matters then to be inquired of in the hearing of [here specify name of cause or matter] and he or she is to remain at that place until he or she is in due course released from custody according to law or returned to the governor of the gaol at [or as the case may be]. Dated this day of Signature and description of Judge. _______________ Sch. 3 substituted by No. 69/2009 s. 36. Form of oath I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that (followed by the words of the oath prescribed or allowed by law). Form of affirmation I solemnly and sincerely declare and affirm that (followed by the words of the oath prescribed or allowed by law). Form of commencement of written affirmation I, (name of person making affirmation) of (address of person making affirmation), do solemnly and sincerely affirm. Form in lieu of jurat
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 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 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: 30.5.78 Commencement Date: 16.9.79: Government Gazette 5.9.79 p. 2791 : All of Act in operation Crimes (Competence and Compellability of Spouse Witnesses) Act 1978, No. 9230/1978 Assent Date: 19.12.78 Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901 : All of Act in operation Imperial Law Re-enactment Act 1980, No. 9407/1980 Assent Date: 20.5.80 Commencement Date: 2.7.80: Government Gazette 2.7.80 p. 2257 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80: see s. 6(2) : All of Act in operation Crimes (Sexual Offences) Act 1980, No. 9509/1980 Assent Date: 23.12.80 Commencement Date: 1.3.81: Government Gazette 4.2.81 p. 338 : All of Act in operation Penalties and Sentences Act 1981, No. 9554/1981
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: 10.12.85 Commencement Date: Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 : All of Act in operation Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Crimes (Amendment) Act 1986, No. 37/1986 Assent Date: 20.5.86 Commencement Date: 1.7.86: Government Gazette 25.6.86 p. 2239 : All of Act in operation Crimes (Confiscation of Profits) Act 1986, No. 101/1986 Assent Date: 16.12.86 Commencement Date: 1.8.87: Government Gazette 22.7.87 p. 1924 : All of Act in operation Supreme Court Act 1986, No. 110/1986 Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 : All of Act in operation Corrections Act 1986, No. 117/1986
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 Assent Date: 31.5.94 Commencement Date: S. 17(2) on 24.10.94: Government Gazette 20.10.94 p. 2789 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Public Prosecutions Act 1994, No. 43/1994 Assent Date: 7.6.94 Commencement Date: Pt 1 (ss 1–3) on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) : All of Act in operation Transport Accident (General Amendment) Act 1994, No. 84/1994 Assent Date: 29.11.94 Commencement Date: S. 62 on 18.12.94: Special Gazette (No. 96) 13.12.94 pp 1, 2 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Prostitution Control Act 1994, No. 102/1994 Assent Date: 13.12.94 Commencement Date: Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 13.6.95: s. 2(3) : All of Act in operation Legal Aid Commission (Amendment) Act 1995, No. 48/1995 Assent Date: 14.6.95 Commencement Date: S. 11(4) on 14.12.95: s. 2(3) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995 Assent Date: 5.12.95 Commencement Date: Ss 22, 23 on 5.12.95: s. 2(1) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958