Evidence Act 1995

This Part and the Dictionary at the end of this Act commence on the day on which this Act receives the Royal Assent.

Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

If a provision referred to in subsection (2) does not commence under that subsection before 18 April 1995, it commences on that day.

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Dictionary at the end of this Act have the meanings given to them in the Dictionary.

Some expressions used in this Act are defined in the Acts Interpretation Act 1901, and have the meanings given to them in that Act.

The Dictionary at the end of this Act is part of this Act.

Notes included in this Act are explanatory notes and do not form part of this Act.

Definitions in this Act of expressions used in this Act apply to its construction except insofar as the context or subject matter otherwise indicates or requires.

This Act applies to all proceedings in a federal court, including proceedings that:

relate to bail; or

are interlocutory proceedings or proceedings of a similar kind; or

are heard in chambers; or

subject to subsection (2), relate to sentencing.

Federal court is defined in the Dictionary. The definition includes persons or bodies required to apply the laws of evidence.

Some provisions of this Act extend beyond proceedings in federal courts. These provisions deal with:

See section 79 of the Judiciary Act 1903 for the application of this Act to proceedings in a State court exercising federal jurisdiction.

If such a proceeding relates to sentencing:

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

if the court specifies in the direction that the law of evidence applies only in relation to specified matters—the direction has effect accordingly.

The court must make a direction if:

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

in the court’s opinion, the proceeding involves proof of that fact, and that fact is or will be significant in determining a sentence to be imposed in the proceeding.

The court must make a direction if the court considers it appropriate to make such a direction in the interests of justice.

Subject to subsection (5A), the provisions of this Act (other than sections 185, 186 and 187) do not apply to:

an appeal from a court of a State, including an appeal from a court of a State exercising federal jurisdiction; or

an appeal from a court of the Australian Capital Territory, the Northern Territory or an external Territory; or

a review of a decision or order of a magistrate and any appeal from such a review;

Despite subsection (5), this Act applies to an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a court of summary jurisdiction of a State or Territory exercising jurisdiction under the Family Law Act 1975.

relate to bail; or

are interlocutory proceedings or proceedings of a similar kind; or

are heard in chambers; or

relate to sentencing.

Australian court is defined in the Dictionary to cover all courts in Australia. The definition extends to persons and bodies that take evidence or that are required to apply the laws of evidence.

This Act does not affect the operation of the provisions of any other Act, other than sections 68, 79, 80 and 80A of the Judiciary Act 1903.

This Act does not affect the operation of regulations that:

are made under an Act other than this Act; and

are in force on the commencement of this section.

This Act has effect subject to the Corporations Act 2001 and the Australian Securities and Investments Commission Act 2001.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

For the avoidance of doubt, this Act does not affect an Australian law so far as the law relates to a court’s power to dispense with the operation of a rule of evidence or procedure in an interlocutory proceeding.

For the avoidance of doubt, this Act does not affect a law of a State or Territory so far as the law relates to:

admission or use of evidence of reasons for a decision of a member of a jury, or of the deliberations of a member of a jury in relation to such a decision, in a proceeding by way of appeal from a judgment, decree, order or sentence of the relevant court; or

bail; or

any requirement for admission of evidence in support of an alibi.

For the avoidance of doubt, this Act does not affect a law of a State or Territory so far as the law provides for:

the operation of a legal or evidential presumption (except so far as this Act is, expressly or by necessary intendment, inconsistent with the presumption); or

the admissibility of a document to depend on whether stamp duty has been paid; or

a requirement that notice must be given before evidence may be adduced; or

evidentiary effect to be given to a certificate or other document issued under that or any other law of the State or Territory; or

proof of title to property (other than by a means provided for by this Act that is applicable to proof of title to property).

This Act does not affect the law relating to the privileges of any Australian Parliament or any House of any Australian Parliament.

In particular, subsection 15(2) does not affect, and is in addition to, the law relating to such privileges.