Australian Capital Territory Current Acts

EVIDENCE ACT 2011 - SECT 4

    (1)     This Act applies to all proceedings in an ACT court, including proceedings that—

        (a)     relate to bail; or

        (b)     are interlocutory proceedings or proceedings of a similar kind; or

        (c)     are heard in chambers; or

        (d)     subject to subsection (2), relate to sentencing.

    (2)     If a proceeding relates to sentencing—

        (a)     this Act applies only if the court directs that the law of evidence applies in the proceeding; and

        (b)     if the court states in the direction that the law of evidence applies only in relation to stated matters—the direction has effect accordingly.

    (3)     The court must make a direction under this section if—

        (a)     a party to the proceeding applies for the direction in relation to the proof of a fact; and

        (b)     in the court's opinion, the proceeding involves proof of the fact, and the fact is or will be significant in deciding a sentence to be imposed in the proceeding.

    (4)     The court must make a direction under this section if the court considers it appropriate in the interests of justice.

Note     This section differs from the Commonwealth Act

, s 4.