Evidence Act 1977 (Qld)

Evidence Act 1977

An Act to consolidate, amend and reform the law of evidence and to protect persons concerned in the commission of sexual offences from identification and for related purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Evidence Act 1977.

2   Act binds Crown

This Act binds the Crown not only in right of the State of Queensland but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

2A   Notes in text

A note in the text of this Act is part of the Act.

3   Definitions

The dictionary in schedule 3 defines particular words used in this Act.

4   Meaning of copy of document etc.

In this Act, any reference to a copy of a document includes—

(a)in the case of a document falling within paragraph (e) but not paragraph (f) of the definition document in schedule 3—a transcript of the sounds or other data embodied therein; and

(b)in the case of a document falling within paragraph (f) but not paragraph (e) of that definition—a reproduction or still reproduction of the image or images embodied therein, whether enlarged or not; and

(c)in the case of a document falling within both those paragraphs—such a transcript together with such a reproduction or still reproduction; and

(d)in the case of a document not falling within the said paragraph (f) of which a visual image is embodied in a document falling within that paragraph—a reproduction or still reproduction of that image, whether enlarged or not;

and any reference to a copy of the material part of a document shall be construed accordingly.

5   Meaning of document purporting to be of certain character etc.

For the purposes of this Act a document, including any instrument or part of an instrument, purports—

(a)to be of a certain character; or

(b)to have been produced or authenticated at a certain time, in a certain manner, by a certain person or body, or by a person having a certain qualification or occupying a certain office; or

(c)any other matter whatever;

if the document expressly or impliedly represents that matter or a court can assume that matter from the contents of the document or otherwise.

Part 2    Witnesses

6   Witnesses interested or convicted of offence

No person shall be excluded from giving evidence in any proceeding on the ground—

(a)that the person has or may have an interest in the matter in question, or in the result of the proceeding; or

(b)that the person has previously been convicted of any offence.

7   Parties, their wives and husbands as witnesses

(1)Each of the parties to a proceeding (not being a criminal proceeding) and a person on whose behalf such a proceeding is brought or defended is competent and compellable to give evidence on behalf of either or any of the parties to the proceeding.

(2)The husband or wife of…