Evidence Regulation 2012 (ACT)

The Evidence Regulation 2012 (ACT) case involved a dispute over the admissibility of fingerprint evidence in the ACT Magistrates Court. The case centred on the validity of affidavits provided by Australian Federal Police officers, which were used to establish the identity of individuals through fingerprint evidence. The regulation in question, section 180 (1) (a), mandates the use of an approved form for such evidence. The primary legal issue was whether the affidavits complied with the regulatory requirements for the admission of fingerprint evidence.

The court examined whether the affidavits provided by the police officers were in the approved form as prescribed under section 15 of the Evidence Regulation 2012 (ACT). It was determined that the regulation required any form used for this purpose to be approved by the Minister, and the approved form must then be used for the specific purpose outlined. The court also considered the implications of not using the approved form and the potential for the evidence to be deemed inadmissible. The Minister’s approval of the form and the necessity for notification under the Legislation Act further complicated the assessment of the affidavits' validity.

In its reasoning, the court concluded that the affidavits presented did not adhere to the approved form required by the regulation. Consequently, the evidence derived from these affidavits was deemed inadmissible. The court found that the failure to use the prescribed form led to a breach of the regulation, thus invalidating the fingerprint evidence presented. As a result of this finding, the court made orders to exclude the contested fingerprint evidence from the proceedings.