Evidence (Miscellaneous Provisions) Act 1958

S. 42BA inserted by No. 60/2004 s. 3 (as amended by No. 18/2005 s. 18(Sch. 1 item 41(a))).

assumed name—

Australian Crime Commission means Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;

chief officer means—

conduct includes any act or omission;

corresponding law means a law of another jurisdiction that is declared by the regulations to correspond to this Part;

court includes any tribunal or person authorised by law or consent of parties to receive evidence;

court name for a local operative in relation to an interstate proceeding or for an interstate operative in relation to a proceeding in this jurisdiction, means a name (other than the operative's real name) or code used to identify the operative in the proceeding;

criminal activity means conduct that involves the commission of an offence by one or more persons;

false representation does not include a representation made under an authority under—

interstate court means a court of another jurisdiction;

interstate operative means a person in respect of whom an interstate witness identity protection certificate is in force;

interstate proceeding means a proceeding in another jurisdiction;

interstate witness identity protection certificate means a certificate given under a provision of a corresponding law that corresponds to section 42BB;

investigation means an investigation in relation to criminal activity, including an investigation extending beyond this jurisdiction;

jurisdiction means the Commonwealth or a State or Territory of the Commonwealth;

law enforcement agency means the following agencies—

S. 42BA(1) def. of law enforcement officer amended by No. 37/2014 s. 10(Sch. item 59.4(a)).

law enforcement officer means—

and includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service or a police officer (however described) of another jurisdiction;

local operative means a person who is or was—

S. 42BA(1) def. of member repealed by No. 37/2014 s. 10(Sch. item 59.4(b)).

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party to a proceeding, means—

presiding officer in relation to a proceeding, means the person constituting the court, or presiding over the court, in the proceeding;

proceeding means any criminal, civil or other proceeding or inquiry, reference or examination in which by law or consent of parties evidence is or may be given, and includes an arbitration;

S. 42BA(1) def. of professional misconduct amended by No. 37/2014 s. 10(Sch. item 59.4(c)).

professional misconduct means misconduct or a breach of discipline under—

this jurisdiction means Victoria;

S. 42BA(1) def. of Victoria Police substituted by No. 37/2014 s. 10(Sch. item 59.4(d)).

Victoria Police has the same meaning as in the Victoria Police Act 2013;

witness identity protection certificate means a certificate given under section 42BB.

S. 42BA(2) (a)(iii) amended by No. 5/2025 s. 46.

S. 42BA(2) (a)(v) substituted by No. 68/2009 s. 97(Sch. item 54.17).