Evidence Regulation 2012 (ACT)

Case

Evidence Regulation 2012

Subordinate Law SL2012-6

The Australian Capital Territory Executive makes the following regulation under the Evidence Act 2011.

Dated 24 February 2012.

Simon Corbell

Minister

Andrew Barr

Minister

Evidence Regulation 2012

Subordinate Law SL2012-6

made under the

Evidence Act 2011

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Dictionary  1

4            Notes  1

5            Notice of previous representation—Act, s 67 (2)  1

6            Notice of previous representation—written previous representation—Act, s 67 (2)       3

7           Notice of previous representation—criminal proceeding—Act, s 67 (2)     3

8            Notice of tendency evidence—Act, s 99  4

9            Notice of coincidence evidence—Act, s 99  4

10          Notice of tendency or coincidence evidence—criminal proceeding—Act, s 99   5

11          Selfincrimination certificates—State and Territory provisions—Act, s 128 (14)   5

12          Selfincrimination certificates—State and Territory provisions—Act, s 128A (13)         5

13          Fingerprint evidence of identity—affidavits by State or Territory police officers—Act, s 179 (1) (a)  6

14          Fingerprint evidence of identity—affidavits by Australian Federal Police officers—Act, s 180 (1) (a)  6

15          Approved forms  6

Dictionary7

  1. Name of regulation

    This regulation is the Evidence Regulation 2012.

  2. Commencement

    This regulation commences on the commencement of the Evidence Act 2011, section 3.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Dictionary

    The dictionary at the end of this regulation is part of this regulation.

    Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

    Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

  4. Notes

    A note included in this regulation is explanatory and is not part of this regulation.

    NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

  5. Notice of previous representation—Act, s 67 (2)

    (1)A notice of previous representation must state—

    (a)subject to section 6 (2), the substance of evidence of a previous representation that the notifying party intends to present; and

    (b)the substance of all other relevant representations made by the person who made the previous representation, so far as they are known to the notifying party; and

    (c)so far as they are known to the notifying party, details of—

    (i)the date, time, place and circumstances at or in which each of the representations mentioned in paragraph (a) or (b) was made; and

    (ii)the names of the people by whom, and the people to whom, each of the representations was made; and

    (iii)in a civil proceeding—the address of each person mentioned in subparagraph (ii).

    (2)Subsection (3) applies if a notifying party intends to rely on any of the following provisions of the Act:

    (a)section 63 (2) (a) or (b);

    (b)section 65 (2) (a), (b), (c) or (d);

    (c)section 65 (3) (a) or (b);

    (d)section 65 (8) (a) or (b).

    (3)The notifying party’s notice of previous representation must state details of the facts on the basis of which it is alleged that the person who made a representation mentioned in the notice is not available to testify about the fact to be proved by presenting evidence of the representation.

    (4)Subsection (5) applies if a notifying party intends to rely on the Act, section 64 (2) (a) or (b).

    (5)The notifying party’s notice of previous representation must state details of the facts that the party will rely on to establish the grounds stated in the Act, section 64 (2).

  6. Notice of previous representation—written previous representation—Act, s 67 (2)

    (1)If a notice of previous representation mentions a previous representation that is in writing—

    (a)a copy of the document, or of the relevant part of the document, containing the representation must be attached to the notice; and

    (b)the notice must identify the document unless—

    (i)a copy of the document is attached to the notice; and

    (ii)the identity of the document is apparent on the face of the copy.

    (2)If a copy of a document, or of a part of a document, is attached to a notice it is a sufficient compliance for section 5 (1) (a) to state in the notice, or in the copy of a document or part of a document attached to the notice, the representation evidence of which the notifying party intends to present.

  7. Notice of previous representation—criminal proceeding—Act, s 67 (2)

    (1)On application by a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of a person named in a notice of previous representation.

    (2)The direction may be given on the terms the court considers appropriate.

  8. Notice of tendency evidence—Act, s 99

    A notice of tendency evidence must state—

    (a)the substance of the tendency evidence that the notifying party intends to present; and

    (b)if the tendency evidence consists of, or includes, evidence of the conduct of a person—so far as is known to the notifying party, details of—

    (i)the date, time, place and circumstances at or in which the conduct occurred; and

    (ii)the names of each person who saw, heard or otherwise perceived the conduct; and

    (iii)in a civil proceeding—the address of each person mentioned in subparagraph (ii).

  9. Notice of coincidence evidence—Act, s 99

    A notice of coincidence evidence must state—

    (a)the substance of the coincidence evidence that the notifying party intends to present; and

    (b)so far as is known to the notifying party, details of—

    (i)the date, time, place and circumstances at or in which each of the events the subject of the evidence occurred; and

    (ii)the names of each person who saw, heard or otherwise perceived each of the events; and

    (iii)in a civil proceeding—the address of each person mentioned in subparagraph (ii).

  10. Notice of tendency or coincidence evidence—criminal proceeding—Act, s 99

    (1)On application by a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice of tendency or coincidence evidence.

    (2)The direction may be given on the terms the court considers appropriate.

  11. Selfincrimination certificates—State and Territory provisions—Act, s 128 (14)

    The following provisions are prescribed:

    (a)the Evidence Act 2004 (Norfolk Island), section 128;

    (b)the Coroners Act 2009 (NSW), section 61;

    (c)the Evidence Act 1995 (NSW), section 128;

    (d)the Evidence Act 2001 (Tas), section 128.

    (e)the Coroners Act 2008 (Vic), section 57;

    (f)the Evidence Act 2008 (Vic), section 128;

    (g)the Coroners Act 1996 (WA), section 47;

    (h)the Evidence Act 1906 (WA), section 11.

  12. Selfincrimination certificates—State and Territory provisions—Act, s 128A (13)

    The following provisions are prescribed:

    (a)the Evidence Act 1995 (NSW), section 128A;

    (b)the Evidence Act 2001 (Tas), section 128A;

    (c)the Evidence Act 2008 (Vic), section 128A.

  13. Fingerprint evidence of identity—affidavits by State or Territory police officers—Act, s 179 (1) (a)

    A form approved under section 15 for this section is prescribed.

  14. Fingerprint evidence of identity—affidavits by Australian Federal Police officers—Act, s 180 (1) (a)

    A form approved under section 15 for this section is prescribed.

  15. Approved forms

    (1)The Minister may approve forms for this regulation.

    (2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.

    NoteFor other provisions about forms, see the Legislation Act, s 255.

    (3)An approved form is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.


Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     document

·     writing.

Note 3Terms used in this regulation have the same meaning that they have in the Evidence Act 2011 (see Legislation Act, s 148). For example, the following terms are defined in the Evidence Act 2011, dict:

·     civil proceeding

·     coincidence evidence

·     criminal proceeding

·     document

·     previous representation

·     tendency evidence.

address includes a private, business or official address.

notice of coincidence evidence means a notice under the Act, section 98 (1).

notice of previous representation means a notice under the Act, section 67.

notice of tendency evidence means a notice under the Act, section 97 (1).

notifying party, in relation to a notice, means the party giving the notice.

Endnotes

  1. Notification

    Notified under the Legislation Act on 27 February 2012.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2012

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