Evidence Regulation 2017

This regulation may be cited as the Evidence Regulation 2017.

This regulation commences on 2 September 2017.

This section prescribes the places for section 21AZJ(1)(b) of the Act.

For the Supreme Court, the places are—

Brisbane; and

Cairns.

For the District Court, the places are—

Brisbane; and

Cairns.

For a Magistrates Court, the places are each of the places appointed under the Justices Act 1886, section 22B for holding Magistrates Courts within—

a division of the Brisbane Magistrates Courts District; or

any of the following Magistrates Courts districts—

Caboolture Magistrates Courts District;

Cairns Magistrates Courts District;

Cleveland Magistrates Courts District;

Cooktown Magistrates Courts District;

Redcliffe Magistrates Courts District;

Thursday Island Magistrates Courts District.

For the Childrens Court, the places are—

if the court is constituted under the Childrens Court Act 1992, section 5(2)—

each of the places prescribed under subsection (3) for the District Court; and

each of the places appointed under the Justices Act 1886, section 22B for holding Magistrates Courts within—

a division of the Brisbane Magistrates Courts District; or

the Cairns Magistrates Courts District; or

if the court is constituted under the Childrens Court Act 1992, section 5(3)—each of the places prescribed under paragraph (a)(ii).

For this section, a reference to a Magistrates Courts district by name is a reference to the Magistrates Courts district of that name under the Justices Act 1886.

For section 21C of the Act, definition corresponding law, the following laws are declared to correspond to part 2, division 5 of the Act—

Crimes Act 1914 (Cwlth), part IACA;

Crimes (Protection of Witness Identity) Act 2011 (ACT);

Criminal Investigation (Covert Operations) Act 2009 (SA), part 4 and section 45;

Criminal Investigation (Covert Powers) Act 2012 (WA), part 4;

Evidence (Miscellaneous Provisions) Act 1958 (Vic), part IIAA;

Police (Special Investigative and Other Powers) Act (NT), part 4, divisions 1, 2 and 4;

Witness (Identity Protection) Act 2006 (Tas), part 2 and section 22.

For section 39C of the Act, definition Queensland court, paragraph (d), QCAT is declared to be a court for part 3A of the Act.

[repealed]

This section prescribes the places for section 103ZZD(1)(c) of the Act.

For the Supreme Court and the District Court the places are—

Brisbane; and

Townsville.

For the Childrens Court the places are—

Brisbane; and

Townsville.

This section prescribes the places for section 103ZZGA of the Act, definition relevant proceeding, paragraph (b).

For the Supreme Court and the District Court, the places are—

Brisbane; and

Townsville.

For the Magistrates Court, the places are—

Brisbane; and

Caboolture; and

Cleveland; and

Redcliffe; and

Townsville.

For the Childrens Court, the places are—

Brisbane; and

Caboolture; and

Cleveland; and

Redcliffe; and

Townsville.

For section 107(1) of the Act, a machine mentioned in schedule 1 is declared to be an approved machine.

For section 129AG(1) of the Act, a notice given under section 129AD(1)(a) or 129AF(1)(a) of the Act must include the following—

a statement as to whether the party giving the notice seeks to adduce tendency evidence or coincidence evidence;

the substance of the evidence to which the notice relates;

particulars of the conduct or event to which the evidence relates, to the extent known by the party giving the notice;

the name of each person who saw, heard or otherwise perceived the conduct or event to which the evidence relates, to the extent the identity of the person is known by the party giving the notice.

For section 134A(2) of the Act, the prescribed fee for inspecting a document and taking a copy of, or an extract from, the document is the total of—

an amount calculated under subsection (2) for inspecting the document; and

if a copy of, or extract from, the document is given—an amount calculated under subsection (3) for giving a copy of, or extract from, the document.

The amount payable for inspecting the document is—

if the document is an article or material from which sounds or visual images are capable of being reproduced—the amount the agency considers reasonable for making arrangements to hear or view the document; or

otherwise—52 fee units for each hour, or part of an hour.

The amount payable for giving a copy of, or extract from, the document is—

if a copy or extract is a photocopy in A4 size, the following—

first copy—2.95 fee units for each page, to a maximum fee of 76.75 fee units;

additional copy—0.65 fee units for each page, to a maximum fee of 30.50 fee units; or

otherwise—the amount the agency considers reasonable.

Subsection (5) applies for working out the amount of a fee under subsection (2) or (3).

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).

Example—

Subsection (3)(a)(i) prescribes a fee of 2.95 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 2.95 would be $4.425. Because $4.425 is halfway between $4.40 and $4.45, it is rounded upwards, so the amount of the fee for subsection (3)(a)(i) would be $4.45.

An amount mentioned in subsection (2)(a) or (3)(b) must not be more than the amount that reasonably reflects the cost of making the arrangements or giving the copy or extract.

An agency is declared not to be an applicable agency for a particular document if an Act expressly provides that the Right to Information Act 2009 does not apply to—

the document; or

information that is contained in the document; or

an activity that the document concerns.

Example for subsection (1)—

Right to Information Act 2009, schedule 1

Also, if an Act expressly provides that the Right to Information Act 2009 does not apply to a person or body, then that person or body is declared not to be an applicable agency.Example for subsection (2)—

Right to Information Act 2009, schedule 2, part 1

However, if an Act expressly provides that the Right to Information Act 2009 does not apply to a person or body in relation to a particular function, then that person or body is declared not to be an applicable agency only in relation to that function.Example for subsection (3)—

Right to Information Act 2009, schedule 2, part 2

In this section—

applicable agency means an agency for the definition agency in section 134A(7) of the Act.