Evidence Amendment Act 2010 (TAS)

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Evidence Amendment Act 2010

An Act to amend the Evidence Act 2001

[Royal Assent 14 December 2010]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Evidence Amendment Act 2010 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3Principal ActIn this Act, the Evidence Act 2001 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definitions after the definition of Australian law : Australian lawyer has the meaning it has in the Legal Profession Act 2007 ; Australian legal practitioner has the meaning it has in the Legal Profession Act 2007 ; (b) by inserting the following definitions after the definition of Australian Parliament : Australian practising certificate has the meaning it has in the Legal Profession Act 2007 ; Australian-registered foreign lawyer has the meaning it has in the Legal Profession Act 2007 ; (c) by inserting the following definition after the definition of credibility : credibility evidence is defined in section 101A ; (d) by inserting the following definition after the definition of document : electronic communication has the meaning it has in the Electronic Transactions Act 2000 ; (e) by omitting the definition of lawyer ; (f) by inserting the following definition after the definition of leading question : legal counsel means an Australian lawyer employed in or by a government agency or other body who by law is exempted from holding an Australian practising certificate, or who does not require an Australian practising certificate, to engage in legal practice in the course of that employment; (g) by inserting the following definition after the definition of opinion rule : overseas-registered foreign lawyer has the meaning it has in Part 2.6 of Chapter 2 of the Legal Profession Act 2007 ; (h) by inserting the following definition after the definition of probative value : prosecutor means a person who institutes or is responsible for the conduct of a prosecution; (i) by inserting the following definition after the definition of tendency rule : traditional laws and customs of an Aboriginal or Torres Strait Islander group (including a kinship group) includes any of the traditions, customary laws, customs, observances, practices, knowledge and beliefs of the group; 5Section 3B amended (Unavailability of persons) Section 3B of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  For the purposes of this Act, a person is taken not to be available to give evidence about a fact if – (a) the person is dead; or (b) the person is, for any reason other than the application of section 16 , not competent to give the evidence; or (c) the person is mentally or physically unable to…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.