during questioning is to have been obtained improperly if— person was arrest for an offence at the time; and questioning was conducted by an investigating official who was at the time empowered, because of the office that he or she held, to arrest the person; and starting the questioning the investigating official did not caution the person that the person does not have to say or do anything but that anything the person does say or do may be used in evidence. (2) For the purposes of section 138(1)(a), evidence of a statement made or an act done by a person during questioning is taken to have been obtained improperly if— questioning was conducted by an investigating official who did not have the power to arrest the person; and statement was made, or the act was done, after the investigating official formed a belief that there was sufficient evidence to establish that the person has committed an offence; and investigating official did not, before the statement was made or the act was done,
• Other material Any explanatory memorandum, of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the Evidence Act 2008 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 55) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Evidence Act 2008 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: Ss 52, 53 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Evidence Act 2008 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 35) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Evidence Act 2008 Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012 Assent Date: 18.9.12 Commencement Date: Ss 3–10 on 1.1.13: s. 2(2) : This information relates only to the provision/s amending the Evidence Act 2008 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 17) on 1.7.14: s. 2(1) : This information relates only to the provision/s amending the Evidence Act 2008
Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 39) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 : This information relates only to the provision/s amending the Evidence Act 2008 Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014 Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 12) on 30.6.14: s. 2(5) : This information relates only to the provision/s amending the Evidence Act 2008 Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014 Assent Date: 9.9.14 Commencement Date: Ss 7(12), 9, 10 on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1 : This information relates only to the provision/s amending the Evidence Act 2008 Jury Directions Act 2015, No. 14/2015 Assent Date: 12.5.15 Commencement Date: Ss 70–78 on 29.6.15: s. 2(4) : This information relates only to the provision/s amending the Evidence Act 2008 Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017 Assent Date: 29.8.17 Commencement Date: S. 85 on 30.8.17: s. 2(1) : This information relates only to the provision/s amending the Evidence Act 2008 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This publication does not include amendments made to the Evidence Act 2008 by the following Act/s. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––