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EVIDENCE ACT 2011 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     Australian statistician

              •     child

              •     Corporations Act

              •     domestic partner (see s 169 (1))

              •     entity

              •     exercise (a function)

              •     external territory

              •     fail

              •     foreign country

              •     function

              •     gazette

              •     government printer

              •     indictable offence (see s 190)

              •     individual

              •     Minister (see s 162)

              •     office

              •     parent

              •     police officer

              •     territory law.

Part 1     Definitions

"ACT court" means the Supreme Court or Magistrates Court, and includes an entity that, in exercising a function under a territory law, is required to apply the laws of evidence.

Note     This definition differs from the definition in the Commonwealth Act

.

"admission" means a previous representation that is—

        (a)     made by a person who is or becomes a party to a proceeding (including a defendant in a criminal proceeding); and

        (b)     adverse to the person's interest in the outcome of the proceeding.

"asserted fact", for part 3.2 (Hearsay)—see section 59.

"associated defendant", in relation to a defendant in a criminal proceeding, means a person against whom a prosecution has been started, but not yet completed or terminated, for—

        (a)     an offence that arose in relation to the same events as those in relation to which the offence for which the defendant is being prosecuted arose; or

        (b)     an offence that relates to, or is connected with, the offence for which the defendant is being prosecuted.

"Australia" includes the external territories.

"Australian court" means—

        (a)     the High Court; or

        (b)     a court exercising federal jurisdiction; or

        (c)     a court of a State or Territory; or

        (d)     a judge, justice or arbitrator under an Australian law; or

        (e)     an entity authorised by an Australian law, or by consent of parties, to hear, receive and examine evidence; or

        (f)     an entity that, in exercising a function under an Australian law, is required to apply the laws of evidence.

"Australian law "means a law of the Commonwealth, a State or Territory.

Note     Law—see the dictionary, pt 2.

"Australian lawyer"—see the Legal Profession Act 2006

, dictionary.

"Australian legal practitioner"—see the Legal Profession Act 2006

, dictionary.

"Australian or overseas proceeding" means a proceeding (however described) in an Australian court or foreign court.

"Australian Parliament" means the Legislative Assembly, the Commonwealth Parliament, a Parliament of a State or a Legislative Assembly of another Territory.

"Australian practising certificate"—see the Legal Profession Act 2006

, dictionary.

"Australian-registered foreign lawyer"—see the Legal Profession Act 2006

, dictionary.

Note     The Commonwealth Act

and NSW Act

include a definition of Australian statistician. In the ACT, that term is defined in the Legislation Act

, dictionary, pt 1.

"business"—see the dictionary, part 2, section 1.

"case" of a party means the facts in issue in relation to which the party bears the legal burden of proof.

"child"—see the dictionary, part 2, section 10 (1).

Note     Child is also defined in the Legislation Act

, dictionary, pt 1.

"civil penalty"—see the dictionary, part 2, section 3.

"civil proceeding" means a proceeding other than a criminal proceeding.

"client", for division 3.10.1 (Client legal privilege)—see section 117.

"coincidence evidence" means evidence of a kind mentioned in section 98 (1) that a party seeks to present for the purpose mentioned in that subsection.

"coincidence rule" means the rule mentioned in section 98 (1).

"Commonwealth Act" means the Evidence Act 1995

(Cwlth).

Note     The Commonwealth Act

does not include this definition.

"Commonwealth-owned body corporate" means a body corporate that, were the Commonwealth a body corporate, would, for the purposes of the Corporations Act

, be—

        (a)     a wholly-owned subsidiary of the Commonwealth; or

        (b)     a wholly-owned subsidiary of another body corporate that is, under this definition, a Commonwealth-owned body corporate because of the application of paragraph (a) (including the application of that paragraph together with another application or other applications of this paragraph).

"Commonwealth record"—see the Evidence Act 1995

(Cwlth), dictionary.

"confidant", for division 3.10.1A (Professional confidential relationship privilege)—see section 126A (1).

"confidential communication", for division 3.10.1 (Client legal privilege)—see section 117.

"confidential document", for division 3.10.1 (Client legal privilege)—see section 117.

"court" means ACT court.

Note     The Commonwealth Act

does not include this definition.

"credibility"—

        (a)     of a person who has made a representation that has been admitted in evidence—means the credibility of the representation, and includes the person's ability to observe or remember facts and events about which the person made the representation; and

        (b)     of a witness—means the credibility of any part or all of the evidence of the witness, and includes the witness's ability to observe or remember facts and events about which the witness has given, is giving or is to give evidence.

"credibility evidence"—see section 101A.

"credibility rule" means the rule mentioned in section 102.

"criminal proceeding" means a prosecution for an offence and includes—

        (a)     a proceeding for the committal of a person for trial or sentence for an offence; and

        (b)     a proceeding relating to bail;

but does not include a prosecution for an offence that is a prescribed taxation offence within the meaning of the Taxation Administration Act 1953

(Cwlth), part 3.

"cross-examination"—see the dictionary, part 2, section 2 (2).

"cross-examiner" means a party who is cross-examining a witness.

Note     The Commonwealth Act

and NSW Act

include a definition of de facto partner. In the ACT, the term domestic partner is used. That term is defined in the Legislation Act

, s 169 (1).

"document"—see the dictionary, part 2, section 8.

Note     Document is also defined in the Legislation Act

, dictionary, pt 1.

"document in question", for part 2.2 (Documents)—see section 47.

"electronic communication"—see the Electronic Transactions Act 2001

, dictionary.

"examination-in-chief"—see the dictionary, part 2, section 2 (1).

Note     The Commonwealth Act

and NSW Act

include a definition of exercise of a function. In the ACT, that term is defined in the Legislation Act

, dictionary, pt 1.

"fax", in relation to a document, means a copy of the document that has been reproduced by facsimile telegraphy.

Note     The Commonwealth Act

includes a definition of "federal court".

"foreign court" means any court (including any entity authorised to take or receive evidence, whether on behalf of a court or otherwise and whether or not the entity is empowered to require the answering of questions or the production of documents) of a foreign country or part of that country.

Note     The Commonwealth Act

and NSW Act

include a definition of function. In the ACT, that term is defined in the Legislation Act

, dictionary, pt 1.

"government or official gazette "includes the gazette.

Note 1     This definition differs from the Commonwealth Act

and NSW Act

.

Note 2     The NSW Act

includes definitions of "Governor of a State "and Governor-General. In the ACT, those terms are defined in the Legislation Act

, dictionary, pt 1.

"harm", for division 3.10.1A (Professional confidential relationship privilege)—see section 126A (1).

"hearsay rule" means the rule mentioned in section 59 (1).

"identification evidence" means evidence that is—

        (a)     an assertion by a person to the effect that a defendant was, or 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 the offence was done;

at or about the time at which the offence was committed or act was done, that is an assertion based completely 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 the assertion.

"informant", for division 3.10.1C (Journalist privilege)—see section 126J.

"intermediary", in relation to a proceeding, means a person appointed as an intermediary for a witness in the proceeding under the Evidence (Miscellaneous Provisions) Act 1991

chapter 1B (Witness intermediaries—criminal proceedings).

"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 relation to the prevention or investigation of offences.

"joint sitting" means—

        (a)     in relation to the Commonwealth Parliament—a joint sitting of the members of the Senate and House of Representatives convened by the Governor-General under the Constitution, section 57 or convened under any Commonwealth 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.

"journalist", for division 3.10.1C (Journalist privilege)—see section 126J.

"judge", in relation to a proceeding, means the judge, magistrate or other person before whom the proceeding is being held.

"law"—see the dictionary, part 2, section 9.

"lawyer", for division 3.10.1 (Client legal privilege)—see section 117.

"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.

Examples

1     in-house counsel

2     government solicitor

"Legislative Assembly", of another Territory, includes any present or former Legislative Assembly of that Territory.

Note     Legislative Assembly is also defined in the Legislation Act

, dictionary, pt 1.

"member" of the Australian Federal Police includes a special member or staff member of the Australian Federal Police.

"news medium", for division 3.10.1C (Journalist privilege)—see section 126J.

"NSW Act" means the Evidence Act 1995

(NSW).

Note     The Commonwealth Act

and NSW Act

do not include this definition.

"offence" means an offence against or arising under an Australian law.

"opinion rule" means the rule mentioned in section 76.

"overseas-registered foreign lawyer"—see the Legal Profession Act 2006

, dictionary.

"parent"—see the dictionary, part 2, section 10 (2).

"party", for division 3.10.1 (Client legal privilege)—see section 117.

"police officer" includes a member of the police force of a State or another Territory.

Note     Police officer is also defined in the Legislation Act

, dictionary, pt 1.

"postal article"—see the Australian Postal Corporation Act 1989

(Cwlth), section 3.

"previous representation"—

        (a)     for this Act generally—means a representation made otherwise than in the course of giving evidence in the proceeding in which evidence of the representation is sought to be presented; and

        (b)     for division 3.2.2 (First-hand hearsay) (other than section 62 (2))—see section 62.

"prior consistent statement" of a witness means a previous representation that is consistent with evidence given by the witness.

"prior inconsistent statement" of a witness means a previous representation that is inconsistent with evidence given by the witness.

"probative value" of evidence means the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.

"prosecutor" means a person who starts, or is responsible for the conduct of, a prosecution.

"protected confidence", for division 3.10.1A (Professional confidential relationship privilege)—see section 126A (1).

"protected confider", for division 3.10.1A (Professional confidential relationship privilege)—see section 126A (1).

"protected identity information", for division 3.10.1A (Professional confidential relationship privilege)—see section 126A (1).

"public document" means a document that—

        (a)     forms part of the records of the Commonwealth, a State or a Territory; or

        (b)     forms part of the records of the government of a foreign country; or

        (c)     forms part of the records of an entity holding office or exercising a function under or because of the Constitution, an Australian law or a law of a foreign country; or

        (d)     is being kept by or on behalf of an entity mentioned in paragraph (a), (b) or (c);

and includes the records of the proceedings of, and papers presented to—

        (e)     an Australian Parliament, a house of an Australian Parliament, a committee of an Australian Parliament or of a house of an Australian Parliament; and

        (f)     a legislature of a foreign country, including a house or committee (however described) of that legislature.

"re-examination"—see the dictionary, part 2, section 2 (3) and (4).

"representation" includes—

        (a)     an express or implied representation (whether oral or in writing); or

        (b)     a representation to be inferred from conduct; or

        (c)     a representation not intended by its maker to be communicated to or seen by someone else; or

        (d)     a representation that for any reason is not communicated.

"request", for division 4.6.1 (Requests to produce documents or call witnesses)—see section 166.

"seal" includes a stamp.

"tendency evidence" means evidence of a kind mentioned in section 97 (1) that a party seeks to present for the purpose mentioned in that subsection.

"tendency rule" means the rule mentioned in section 97 (1).

"traditional laws and customs" of an Aboriginal or Torres Strait Islander group (including a kinship group) includes any of the traditions, customary laws, customs, observances, practices, knowledge and beliefs of the group.

"witness"—see the dictionary, part 2, section 7.

Part 2     Other expressions

1     References to business

    (1)     For this Act, a "business" includes the following:

        (a)     a profession, calling, occupation, trade or undertaking;

        (b)     an activity engaged in or carried on by the Commonwealth, a State or a Territory;

        (c)     an activity engaged in or carried on by the government of a foreign country;

        (d)     for an entity holding office or exercising power under or because of the Constitution, an Australian law or a law of a foreign country—an activity engaged in or carried on by the entity in the exercise of the functions of the office or the exercise of the power (otherwise than in a private capacity);

        (e)     the proceedings of an Australian Parliament, a house of an Australian Parliament, a committee of an Australian Parliament or of a house of an Australian Parliament;

        (f)     the proceedings of a legislature of a foreign country, including a house or committee (however described) of the legislature.

    (2)     For this Act, a "business" also includes the following:

        (a)     a business that is not engaged in or carried on for profit;

        (b)     a business engaged in or carried on outside Australia.

2     References to examination-in-chief, cross-examination and re-examination

    (1)     For this Act, a reference to examination-in-chief of a witness is a reference to the questioning of a witness by the party who called the witness to give evidence, other than questioning that is re-examination.

    (2)     For this Act, a reference to cross-examination of a witness is a reference to the questioning of a witness by a party other than the party who called the witness to give evidence.

    (3)     For this Act, a reference to re-examination of a witness is a reference to the questioning of a witness by the party who called the witness to give evidence, that is questioning (other than further examination-in-chief with the leave of the court) conducted after the cross-examination of the witness by another party.

    (4)     For this Act, if a party has recalled a witness who has already given evidence, a reference to re-examination of a witness does not include a reference to the questioning of the witness by that party before the witness is questioned by another party.

3     References to civil penalties

For this Act, a person is taken to be liable to a civil penalty if, in an Australian or overseas proceeding (other than a criminal proceeding), the person would be liable to a penalty arising under an Australian law or a law of a foreign country.

4     Unavailability of people

    (1)     For this Act, a person is taken not to be available to give evidence about a fact if—

        (a)     the person is dead; or

        (b)     the person is, for any reason other than the application of section 16 (Competence and compellability—judges and jurors), not competent to give the evidence; or

        (c)     the person is mentally or physically unable to give the evidence and it is not reasonably practicable to overcome that inability; or

        (d)     it would be unlawful for the person to give the evidence; or

        (e)     a provision of this Act prohibits the evidence being given; or

        (f)     all reasonable steps have been taken, by the party seeking to prove the person is not available, to find the person or to secure the person's attendance, but without success; or

        (g)     all reasonable steps have been taken, by the party seeking to prove the person is not available, to compel the person to give the evidence, but without success.

    (2)     In all other cases the person is taken to be available to give evidence about the fact.

5     Unavailability of documents and things

For this Act, a document or thing is taken not to be available to a party if and only if—

        (a)     it cannot be found after reasonable inquiry and search by the party; or

        (b)     it was destroyed by the party, or by a person on behalf of the party, otherwise than in bad faith, or was destroyed by someone else; or

        (c)     it would be impractical to produce the document or thing in the proceeding; or

        (d)     production of the document or thing in the proceeding could render a person liable to conviction for an offence; or

        (e)     it is not in the possession or under the control of the party and—

              (i)     it cannot be obtained by any judicial procedure of the court; or

              (ii)     it is in the possession or under the control of another party to the proceeding who knows or might reasonably be expected to know that evidence of the contents of the document, or evidence of the thing, is likely to be relevant in the proceeding; or

              (iii)     it was in the possession or under the control of that other party at a time when that party knew or might reasonably be expected to have known that the evidence was likely to be relevant in the proceeding.

6     Representations in documents

For this Act, a representation contained in a document is taken to have been made by a person if—

        (a)     the document was written, made or otherwise produced by the person; or

        (b)     the representation was recognised by the person as the person's representation by signing, initialling or otherwise marking the document.

7     Witnesses

    (1)     For this Act, a reference to a witness includes a reference to a party giving evidence.

    (2)     For this Act, a reference to a witness who has been called by a party to give evidence includes a reference to the party giving evidence.

    (3)     For this section, a reference to a party includes a defendant in a criminal proceeding.

8     References to documents

For this Act, a reference to a document includes a reference to the following:

        (a)     any part of the document;

        (b)     any copy, reproduction or duplicate of the document or of any part of the document;

        (c)     any part of the copy, reproduction or duplicate.

8A     References to offices etc

For this Act—

        (a)     a reference to a person appointed or holding office under or because of an Australian law includes a reference to an APS employee within the meaning of the Public Service Act 1999

(Cwlth); and

        (b)     in that context, a reference to an office is a reference to the position occupied by the APS employee and a reference to an officer includes a reference to a Secretary, or APS employee, within the meaning of that Act.

9     References to laws

    (1)     For this Act, a reference to a law of the Commonwealth, a State, a Territory or a foreign country is a reference to a law (whether written or unwritten) of or in force in that place.

    (2)     For this Act, a reference to an Australian law is a reference to an Australian law (whether written or unwritten) of or in force in Australia.

10     References to children and parents

    (1)     For this Act, a "child" of a person includes the following:

        (a)     an adopted child of the person;

        (b)     a child of the person born outside the person's domestic partnership;

        (c)     a child living with the person as if the child were a member of the person's family.

    (2)     For this Act, a "parent" of a person includes the following:

        (a)     if the person is adopted—an adoptive parent of the person;

        (b)     if the person is a child mentioned in subsection (1) (b)—the person's natural father;

        (c)     if the person is a child mentioned in subsection (1) (c)—the person whose family the child is living with.

Note     The Commonwealth Act

and NSW Act

include a provision about references to de facto partners.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act 1996

underlining = whole or part not commenced

mod = modified/modification

or to be expired

3     Legislation history

Evidence Act 2011 A2011-12

notified LR 13 April 2011

s 1, s 2 commenced 13 April 2011 (LA s 75 (1))

remainder commenced 1 March 2012 (s 2 and CN2012-4

)

as amended by

Evidence Amendment Act 2011

A2011-47

notified LR 22 November 2011

s 1, s 2 commenced 22 November 2011 (LA s 75 (1))

remainder commenced 1 March 2012 (s 2 and see Evidence Act 2011 A2011-12, s 2 and CN2012-4

)

Evidence (Consequential Amendments) Act 2011

A2011-48 sch 1 pt 1.18

notified LR 22 November 2011

s 1, s 2 commenced 22 November 2011 (LA s 75 (1))

sch 1 pt 1.18 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4

)

Marriage Equality (Same Sex) Act 2013

A2013-39 sch 2 pt 2.13

notified LR 4 November 2013

s 1, s 2 commenced 4 November 2013 (LA s 75 (1))

sch 2 pt 2.13 commenced 7 November 2013 (s 2 and CN2013-11

)

Note     The High Court held this Act to be of no effect (see Commonwealth v Australian Capital Territory [2013] HCA 55)

Statute Law Amendment Act 2013 (No 2)

A2013-44 sch 3 pt 3.7

notified LR 11 November 2013

s 1, s 2 commenced 11 November 2013 (LA s 75 (1))

sch 3 pt 3.7 commenced 25 November 2013 (s 2)

Crimes (Domestic and Family Violence) Legislation Amendment Act 2015

A2015-40 sch 1 pt 1.8

notified LR 4 November 2015

s 1, s 2 commenced 4 November 2015 (LA s 75 (1))

sch 1 pt 1.8 commenced 4 May 2016 (s 2 (2))

Family Violence Act 2016

A2016-42 sch 3 pt 3.13 (as am by A2017-10

s 7)

notified LR 18 August 2016

s 1, s 2 commenced 18 August 2016 (LA s 75 (1))

sch 3 pt 3.13 commenced 1 May 2017 (s 2 (2) as am by A2017-10

s 7)

Family and Personal Violence Legislation Amendment Act 2017

A2017-10 s 7

notified LR 6 April 2017

s 1, s 2 commenced 6 April 2017 (LA s 75 (1))

s 7 commenced 30 April 2017 (s 2 (1))

Note     This Act only amends the Family Violence Act 2016
A2016-42

.

Justice and Community Safety Legislation Amendment Act 2017 (No 2)

A2017-14 pt 6

notified LR 17 May 2017

s 1, s 2 commenced 17 May 2017 (LA s 75 (1))

pt 6 commenced 24 May 2017 (s 2 (1))

Courts and Other Justice Legislation Amendment Act 2018

A2018-9 pt 8

notified LR 29 March 2018

s 1, s 2 commenced 29 March 2018 (LA s 75 (1))

pt 8 commenced 26 April 2018 (s 2)

Royal Commission Criminal Justice Legislation Amendment Act 2018

A2018-46 sch 1 pt 1.4

notified LR 4 December 2018

s 1, s 2 commenced 4 December 2018 (LA s 75 (1))

sch 1 pt 1.4 commenced 5 December 2018 (s 2)

Justice and Community Safety Legislation Amendment Act 2019

A2019-17 sch 1 pt 1.3

notified LR 14 June 2019

s 1, s 2 commenced 14 June 2019 (LA s 75 (1))

sch 1 pt 1.3 commenced 21 June 2019 (s 2)

Evidence (Miscellaneous Provisions) Amendment Act 2019

A2019-41 sch 1 pt 1.2

notified LR 31 October 2019

s 1, s 2 commenced 31 October 2019 (LA s 75 (1))

sch 1 pt 1.2 commenced 9 March 2020 (s 2 and CN2020-4

)

Royal Commission Criminal Justice Legislation Amendment Act 2020

A2020-31 pt 3

notified LR 29 July 2020

s 1, s 2 commenced 29 July 2020 (LA s 75 (1))

pt 3 commenced 1 September 2020 (s 2 and CN2020-17

)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Operation of other Acts
s 8     am A2011-48

amdt 1.25, amdt 1.26; A2015-40

amdt 1.13

Compellability of domestic partners and others in certain criminal proceedings
s 19     am A2016-42

amdt 3.60

Interpreters and intermediaries to act on oath or affirmation
s 22 hdg     sub A2019-41

amdt 1.18
s 22     am A2019-41

amdts 1.19-1.22

Choice of oath or affirmation
s 23     am A2019-41

amdt 1.23, amdt 1.24

Deaf and mute witnesses
s 31     am A2019-41

amdt 1.25

Exception—reputation as to relationships and age
s 73     am A2013-39

amdt 2.29 (A2013-39

never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2019-17

amdt 1.3

Application—pt 3.6
s 94     am A2020-31

s 12

Admissibility of tendency evidence in proceedings involving child sexual offences
s 97A     ins A2020-31

s 13

The coincidence rule
s 98     am A2020-31

s 14

Further restrictions on tendency evidence and coincidence evidence presented by prosecution
s 101     am A2020-31

s 15

Professional confidential relationship privilege
div 3.10.1A hdg     ins A2011-47

s 4

Definitions—div 3.10.1A
s 126A     ins A2011-47

s 4
    def confidant ins A2011-47

s 4
    def harm ins A2011-47

s 4
    def protected confidence ins A2011-47

s 4
    def protected confider ins A2011-47

s 4
    def protected identity information ins A2011-47

s 4

Exclusion of evidence of protected confidences
s 126B     ins A2011-47

s 4

Loss of professional confidential relationship privilege—consent
s 126C     ins A2011-47

s 4

Loss of professional confidential relationship privilege—misconduct
s 126D     ins A2011-47

s 4

Ancillary orders
s 126E     ins A2011-47

s 4

Application—div 3.10.1A
s 126F     ins A2011-47

s 4
    am A2015-40

amdt 1.14; A2018-46

amdt 1.4

Journalist privilege
div 3.10.1C hdg     ins A2011-47

s 4

Definitions—div 3.10.1C
s 126J     ins A2011-47

s 4
    def informant ins A2011-47

s 4
    def journalist ins A2011-47

s 4
    def news medium ins A2011-47

s 4

Journalist privilege relating to informant's identity
s 126K     ins A2011-47

s 4

Application—div 3.10.1C
s 126L     ins A2011-47

s 4

Religious confessions
s 127     am A2020-31

s 16

Privilege in relation to self-incrimination in other proceedings
s 128     am A2011-47

ss 5-7; A2017-14

s 18

Privilege in relation to self-incrimination—exception for certain orders etc
s 128A     am A2011-47

s 8

Application of div 3.10.4 to preliminary proceedings of courts
s 131A     am A2011-47

s 9, s 10

Official statistics
s 159     am A2013-44

amdt 3.64

Postal articles
s 160     am A2018-9

s 40

Oaths and affirmations
sch 1     am A2019-41

amdt 1.26, amdt 1.27

Dictionary
dict     am A2011-48

amdt 1.27
dict pt 1     def confidant ins A2011-47

s 11
    def harm ins A2011-47

s 11
    def informant ins A2011-47

s 11
    def intermediary ins A2019-41

amdt 1.28
    def journalist ins A2011-47

s 11
    def news medium ins A2011-47

s 11
    def previous representation sub A2013-44

amdt 3.65
    def protected confidence ins A2011-47

s 11
    def protected confider ins A2011-47

s 11
    def protected identity information ins A2011-47

s 11
    def request ins A2013-44

amdt 3.66
dict pt 2 s 4     am A2011-47

s 12

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date

Effective

Last amendment made by

Republication for

R1*
1 Mar 2012

1 Mar 2012–
6 Nov 2013

A2011-48

new Act and amendments by A2011-47

and A2011-48

R2
7 Nov 2013

never effective

A2013-39

(never effective)

amendments by A2013-39

R2 (RI)
24 Feb 2014

7 Nov 2013–
24 Nov 2013

A2013-39

(never effective)

reissue because of High Court decision in relation to A2013-39

R3
25 Nov 2013

never effective

A2013-44

amendments by A2013-44

R3 (RI)
24 Feb 2014

25 Nov 2013–
3 May 2016

A2013-44

reissue because of High Court decision in relation to A2013-39

R4
4 May 2016

4 May 2016–
30 Apr 2017

A2015-40

amendments by A2015-40

R5
1 May 2017

1 May 2017–
23 May 2017

A2016-42

amendments by A2016-42

as am by A2017-10

R6
24 May 2017

24 May 2017–
25 Apr 2018

A2017-14

amendments by A2017-14

R7
26 Apr 2018

26 Apr 2018–
4 Dec 2018

A2018-9

amendments by A2018-9

R8
5 Dec 2018

5 Dec 2018–
20 June 2019

A2018-46

amendments by A2018-46

R9
21 June 2019

21 June 2019–
8 Mar 2020

A2019-17

amendments by A2019-17

R10
9 Mar 2020

9 Mar 20202–
31 Aug 2020`

A2019-41

amendments by A2019-41
























© Australian Capital Territory 2020

ACT Crest high res small
Australian Capital Territory

A2011-12

Republication No 11

Effective: 1 September 2020

Republication date: 1 September 2020

Last amendment made by A2020-31








About this republication

The republished law

This is a republication of the Evidence Act 2011

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 1 September 2020

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 September 2020

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au

):

              • authorised republications to which the Legislation Act 2001

applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001

, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001

, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au

). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001

, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001

, s 133).

ACT
Crest high res small
Australian Capital Territory

Evidence Act 2011


Part 1Definitions173

Part 2Other expressions184

Endnotes190

ACT
Crest high res small
Australian Capital Territory

Evidence Act 2011



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