1Short title
This Act may be cited as the Evidence (National Uniform
Legislation) Act 2011.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Evidence (National Uniform
Legislation) Act 2011.
This Part and the Dictionary at the end of this Act commence on the day on which the Administrator's assent to this Act is declared.
The remaining provisions of this Act commence on the day fixed by the Administrator by Gazette notice.
The object of this Act is to make fresh provision for the law of evidence that is uniform with the following laws of the Commonwealth, New South Wales and Victoria:
the Evidence Act 1995 (Cth) (the Commonwealth Act);
(b) the Evidence Act 1995 (NSW) (the NSW Act);
(c) the Evidence Act 2008 (Vic) (the Victorian Act).
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.
Notes included in this Act are explanatory notes and do not form
part of this Act.
Notes for section 3
1 Some expressions used in this Act are defined in the Interpretation Act and have the meanings given to them in that Act.
2 The Commonwealth Act and
NSW Act include an additional subsection (3) regarding definitions which is unnecessary in the Territory because of section 18 of the Interpretation Act.
(1) This Act applies to all proceedings in a Territory court, including proceedings that:
relate to bail; or
(b) are interlocutory proceedings or proceedings of a similar kind; or
are heard in chambers; or
subject to subsection (2), relate to sentencing.
If such 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 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) a party to the proceeding applies for such a direction in relation to the proof of a fact; and
(b) 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.
(4) The court must make a direction if the court considers it appropriate to make such a direction in the interests of justice.
(5) In this section, a proceeding that relates to sentencing includes a proceeding for an order under Part 5 of the Sentencing Act 1995 or Part 5, Division 9 of the Traffic Act 1987.
Notes for section 4
1 Section 4 of the Commonwealth Act differs from this section. It applies that Act to proceedings in a federal court or an Australian Capital Territory court. Some provisions of the Commonwealth Act extend beyond proceedings in federal courts and Australian Capital Territory courts (see sections 5, 185, 186 and 187 of the Commonwealth Act).
2 Territory court is defined in the Dictionary. The definition includes persons or bodies required to apply the laws of evidence.
3 The Commonwealth Act includes 2 additional subsections that exclude the application of that Act to appeals from a court of a State or Territory (including appeals from a court exercising federal jurisdiction) and certain other courts.
4 Provisions in other Territory Acts which relieve courts from the obligation to apply the rules of evidence in certain proceedings are preserved by section 8 of this Act. These include, for example:
• section 39 of the Coroners Act 1993;
• section 93(2) of the Care and Protection of Children Act 2007;
• section 257(2) of the Electoral Act 2004;
• section 49(2) of the Ombudsman Act 2009;
• section 60 of the Independent Commissioner Against Corruption Act 2017.
5 Subsection (5) is not included in the Commonwealth Act or NSW Act.
Note for section 5
The Commonwealth Act includes a provision that extends the application of specified provisions of that Act to proceedings in all Australian courts.
Note for section 6
The Commonwealth Act includes a provision extending that Act to each external Territory.
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
This Act does not affect the operation of the provisions of any other
Act.
Note for section 8
The Commonwealth Act includes additional subsections relating to the operation of the
Corporations Act 2001 (Cth), the Australian Securities and
Investments Commission Act 2001 (Cth) and certain laws in force in the Australian Capital Territory. It also provides for the regulations to have continued effect (until amended) after the commencement of the Commonwealth section.
An offence against this Act is an offence to which Part IIAA of the
Criminal Code applies.
Notes for section 8A
1 Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
2 Section 8A is not included in the NSW Act and Victorian Act.
This Act does not affect the operation of a principle or rule of common law or equity in relation to evidence in a proceeding to which this Act applies, except so far as this Act provides otherwise expressly or by necessary intendment.
Without limiting subsection (1), this Act does not affect the operation of such a principle or rule so far as it relates to any of the following:
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 a court;
the operation of a legal or evidential presumption that is not inconsistent with this Act;
a court's power to dispense with the operation of a rule of evidence or procedure in an interlocutory proceeding.
Note for section 9
This section differs from section 9 of the Commonwealth Act. That section preserves the written and unwritten laws of States and Territories in relation to various matters.
This Act does not affect the law relating to the privileges of any Australian Parliament or any House of any Australian Parliament.
In particular, section 15(2) does not affect, and is in addition to, the law relating to such privileges.
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