Evidence (Miscellaneous Provisions) Act 1991

This division does not apply in relation to a communication made, or a document prepared, in the furtherance of the commission of an offence, a fraud or an act that makes a person liable to a civil penalty.

A court may find that a communication was made, or a document was prepared, in the furtherance of the commission of an offence, a fraud or an act if there are reasonable grounds for finding that––

the offence, fraud or act was committed; and

the communication was made, or document prepared, in the furtherance of the offence, fraud or act.

Division 4.4.4 Sexual offence proceedings—directions and warnings to juries

Note The Supreme Court Act 1933, s 68C (3) provides that in a criminal proceeding tried by a judge alone, if a territory law requires a warning or direction to be given, or a comment to be made, to a jury in the proceeding, the judge must take the warning, direction or comment into account in considering his or her verdict.