Version No. 001
Evidence Regulations 2019
S.R. No. 111/2019
Version as at
7 December 2019
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Revocations
5Definitions
6Exceptions to hearsay rule—notice of intention to adduce evidence of previous representations
7Address of person named in notice under regulation 6—criminal proceeding
8The tendency rule and the coincidence rule—form of notices
9Address of person named in notice under regulation 8—criminal proceeding
10Privilege against self-incrimination—form of certificate
11Privilege against self-incrimination—State and Territory provisions
12Convictions, acquittals and other judicial proceedings—form of certificate
13Fingerprint evidence of identity—affidavits by State or Territory police officers
14Fingerprint evidence of identity—affidavits by Australian Federal Police officers
Schedule 1
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Evidence Regulations 2019
S.R. No. 111/2019
Version as at
7 December 2019
1Objective
The objective of these Regulations is to provide for forms and other matters relating to notices, certificates and affidavits under the Evidence Act 2008.
2Authorising provision
These Regulations are made under section 197 of the Evidence Act 2008.
3Commencement
These Regulations come into operation on 7 December 2019.
4Revocations
The following Regulations are revoked—
(a)the Evidence Regulations 2009[1];
(b)the Evidence Amendment Regulations 2012[2];
(c)the Evidence Amendment Regulations 2013[3].
5Definitions
In these Regulations—
address includes a private, business or official address;
notice of previous representation means a notice given by a party under section 67(1) of the Act to each other party of that party's intention to adduce evidence of a previous representation;
notifying party, in relation to a notice, means the person giving the notice;
the Act means the Evidence Act 2008.
6Exceptions to hearsay rule—notice of intention to adduce evidence of previous representations
(1)For the purposes of section 67(1) of the Act, a notice of previous representation must state—
(a)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 and place at and the circumstances in which each of the representations referred to 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 named under subparagraph (ii), so far as the addresses of each person are known to the notifying party.
(2)If a notifying party intends to rely on—
(a)section 63(2)(a) or (b) of the Act; or
(b)section 65(2)(a), (b), (c) or (d) of the Act; or
(c)section 65(3)(a) or (b) of the Act; or
(d)section 65(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…