Evidence Regulations 2002 (TAS)

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Evidence Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Evidence Act 2001 .17 June 2002

G. S. M. GREEN

Governor

By His Excellency’s Command,

P. PATMORE

Minister for Justice and Industrial Relations

1Short titleThese regulations may be cited as the Evidence Regulations 2002 . 2CommencementThese regulations take effect on the day on which the Evidence Act 2001 commences. 3Interpretation (1)  In these regulations – Act means the Evidence Act 2001 ; address includes a private, business or official address; notifying party, in relation to a notice, means the person giving the notice. (2)  In these regulations, a reference to a Form is a reference to a form set out in Schedule 1 . 4Exceptions to hearsay rule – notices of previous representations (1) This regulation is made for the purpose of section 67 of the Act. (2)  A notice of previous representation must state – (a) subject to subregulation (6) , the substance of evidence of a previous representation that the notifying party intends to adduce; and (b) the substance of all other relevant representations made by the person who made that previous representation, so far as they are known to the notifying party; and (c) particulars 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 persons by whom, and the persons to whom, each of those representations was made; and (iii) in a civil proceeding, the address of each person so named, so far as they are known to the notifying party. (3)  If a notifying party intends to rely on any of sections 63(2)(a) or (b) or 65(2)(a) , (b) , (c) or (d) , (3)(a) or (b) or (8)(a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts on the basis of which it is alleged that the person who made a representation referred to in the notice is not available to testify concerning the fact to be proved by adducing evidence of that representation. (4)  If a notifying party intends to rely on section 64(2)(a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts that the party will rely on to establish the grounds specified in section 64(2) of the Act. (5)  If a notice of previous representation refers to a previous representation that is in writing – (a) a copy of the document, or of the relevant portion 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…

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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.