Evidence Act 1905

Administered by Attorney-General's Department

Legislation au C1905A00004 Not in force Act

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Evidence Act 1905

No. 4, 1905

Compilation No. 5

Compilation date: 18 April 1995

Includes amendments up to: Act No. 3, 1995

Registered: 25 January 2023

About this compilation

This compilation

This is a compilation of the Evidence Act 1905 that shows the text of the law as amended and in force on 18 April 1995 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act relating to the Law of Evidence

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Evidence Act 1905	4, 1905	25 Aug 1905	25 Aug 1905
Evidence Act 1934	43, 1934	4 Aug 1934	4 Aug 1934	—
Statute Law Revision Act 1950	80, 1950	16 Dec 1950	First Sch: 31 Dec 1950 (s 2)	s 16, 17
Evidence Act 1956	48, 1956	30 June 1956	14 Aug 1956 (s 2)	—
Evidence Act 1963	28, 1963	30 May 1963	27 June 1963	—
Evidence Act 1964	53, 1964	30 May 1964	27 June 1964	—
Evidence Act 1973	80, 1973	19 June 1973	1 July 1973 (s 2 and gaz 1973, No 79)	—
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	Sch 1: 31 Dec 1973 (s 2)	s 9(1), 10
Evidence Act 1974	31, 1974	1 Aug 1974	1 Aug 1974 (s 2)	—
Evidence Amendment Act 1978	14, 1978	14 Apr 1978	14 Apr 1978 (s 2)	—
Evidence Amendment Act 1979	139, 1979	23 Nov 1979	s 1, 2, 4: 23 Nov 1979 (s 2(1) s 3: 21 Apr 1980 (s 2(2) and gaz 1980, No S82)	—
Parliamentary Joint Sittings Amendment Act 1981	39, 1981	1 May 1981	s 3: 1 May 1981 (s 2)	—
Census and Statistics Amendment Act (No. 2) 1981	177, 1981	8 Dec 1981	s 12 (2nd occurring), 13 (2nd occurring): 1 Mar 1983 (s 2 and gaz 1983, No S36)	s 12 (2nd occurring)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1983	91, 1983	22 Nov 1983	s 6 and Sch 1: 20 Dec 1983 (s 2(1))	s 6(1)
Evidence Amendment Act 1985	198, 1985	16 Dec 1985	1 Sept 1986 (s 2 and gaz 1986, No S422)	—
Industrial Relations (Consequential Provisions) Act 1988	87, 1988	8 Nov 1988	Sch 2: 1 Mar 1989 (s 2(2) and gaz 1989, No S53)	—
Law and Justice Legislation Amendment Act 1989	11, 1990	17 Jan 1990	s 32–34: 14 Feb 1990 (s 2(1))	—
Trade Practices (Misuse of Trans-Tasman Market Power) Act 1990	70, 1990	16 June 1990	s 24, 25: 1 July 1990 (s 2 and gaz 1990, No S172)	—
Crimes Legislation Amendment Act 1991	28, 1991	4 Mar 1991	Sch 2: 4 Mar 1991 (s 2(1))	—
Law and Justice Legislation Amendment Act 1993	13, 1994	18 Jan 1994	s 40: 11 Apr 1994 (s 2(3) and gaz No S126)	—
Foreign Evidence (Transitional Provisions and Consequential Amendments) Act 1994	43, 1994	15 Mar 1994	s 3, 4: 9 Apr 1994 (s 2(2))	s 4(2)
Evidence and Procedure (New Zealand) (Transitional Provisions and Consequential Amendments) Act 1994	112, 1994	16 Sept 1994	s 3(2) and Sch: 1 Apr 1995 (s 2(2) and gaz 1995, No GN8)	s 3(2)
Evidence (Transitional Provisions and Consequential Amendments) Act 1995	3, 1995	23 Feb 1995	s 3, 4: 23 Feb 1995 (s 2(1))	s 4

Endnote 4—Amendment history

Provision affected	How affected
Part I...................	rep No 3, 1995
Heading to Part I............	rs No 53, 1964
	rep No 3, 1995
s 1.....................	rep No 3, 1995
s 1A....................	ad No 53, 1964
	rep No 216, 1973
s 2.....................	am No 80, 1950; No 48, 1956; No 31, 1974; No 39, 1981
	rep No 3, 1995
Heading to Part II...........	rs No 53, 1964
	rep No 3, 1995
s 3.....................	am No 216, 1973
	rep No 3, 1995
s 4.....................	am No 80, 1950; No 48, 1956; No 31, 1974; No 139, 1979; No 91, 1983; No 87, 1988; No 13, 1994
	rep No 3, 1995
s 4A....................	ad No 53, 1964
	am No 216, 1973
	rep No 3, 1995
Heading to Part III...........	rs No 53, 1964
	rep No 3, 1995
s 5.....................	rs No 53, 1964
	rep No 3, 1995
s 6.....................	am No 91, 1983
	rep No 3, 1995
s 7.....................	am No 28, 1963; No 31, 1974
	rep No 3, 1995
Part IIIA.................	ad No 14, 1978
	rep No 3, 1995
s 7A....................	ad No14, 1978
	am No 91, 1983
	rep No 3, 1995
s 7B....................	ad No 14, 1978
	rep No 3, 1995
s 7C....................	ad No 14, 1978
	rep No 3, 1995
s 7D....................	ad No 14, 1978
	rep No 3, 1995
s 7E....................	ad No 14, 1978
	rep No 3, 1995
s 7F....................	ad No 14, 1978
	rep No 3, 1995
s 7G....................	ad No 14, 1978
	rep No 3, 1995
s 7H....................	ad No 14, 1978
	rep No 3, 1995
s 7J....................	ad No 14, 1978
	am No 198, 1985; No 28, 1991
	rep No 3, 1995
s 7K....................	ad No 14, 1978
	rep No 3, 1995
s 7L....................	ad No 14, 1978
	rep No 3, 1995
s 7M....................	ad No 14, 1978
	rep No 3, 1995
s 7N....................	ad No 14, 1978
	rep No 3, 1995
s 7P....................	ad No 14, 1978
	rep No 3, 1995
s 7Q....................	ad No 14, 1978
	rep No 3, 1995
s 7R....................	ad No 14, 1978
	rep No 3, 1995
s 7S....................	ad No 14, 1978
	rep No 3, 1995
	am No 139, 1979
Part IIIB.................	ad No 198, 1985
	rep No 43, 1994
s 7T....................	ad No 198, 1985
	rep No 43, 1994
s 7U....................	ad No 198, 1985
	rep No 43, 1994
s 7V....................	ad No 198, 1985
	rep No 43, 1994
s 7W....................	ad No 198, 1985
	rep No 43, 1994
s 7WA..................	ad No 11, 1990
	rep No 43, 1994
s 7WB..................	ad No 11, 1990
	rep No 43, 1994
s 7X....................	ad No 198, 1985
	rep No 43, 1994
s 7Y....................	ad No 198, 1985
	rep No 43, 1994
s 7Z....................	ad No 198, 1985
	rep No 43, 1994
Part IIIC.................	ad No 11, 1990
	rep No 43, 1994
s 7ZA...................	ad No 11, 1990
	rep No 43, 1994
s 7ZB...................	ad No 11, 1990
	rep No 43, 1994
s 7ZC...................	ad No 11, 1990
	rep No 43, 1994
s 7ZD...................	ad No 11, 1990
	rep No 43, 1994
s 7ZE...................	ad No 11, 1990
	rep No 43, 1994
s 7ZF...................	ad No 11, 1990
	rep No 43, 1994
s 7ZG...................	ad No 11, 1990
	rep No 43, 1994
Heading to Part IV..........	rs No 53, 1964
	rep No 3, 1995
s 8.....................	rs No 80, 1973
	rep No 3, 1995
s 9.....................	rep No 3, 1995
s 10....................	rep No 3, 1995
s 10A...................	ad No 43, 1934
	am No 177, 1981
	rep No 3, 1995
Heading to Part V...........	rs No 53, 1964
	rep No 3, 1995
s 11....................	rep No 3, 1995
s 11A...................	ad No 70, 1990
	rep No 3, 1995
s 11B...................	rep No 112, 1994
s 11C...................	ad No 70, 1990
	rep No 3, 1995
s 11D...................	rep No 112, 1994
s 11E...................	ad No 70, 1990
	rep No 3, 1995
s 11F...................	am No 112, 1994
	rep No 3, 1995
s 11G...................	rep No 112, 1994
s 11H...................	rep No 112, 1994
s 11J....................	rep No 112, 1994
s 11K...................	rep No 112, 1994
s 11L...................	ad No 70, 1990
	rep No 3, 1995
s 11M...................	ad No 70, 1990
	rep No 3, 1995
s 11N...................	ad No 70, 1990
	rep No 3, 1995
s 11P...................	ad No 70, 1990
	rep No 3, 1995
s 11Q...................	ad No 70, 1990
	rep No 3, 1995
s 11R...................	ad No 70, 1990
	rep No 3, 1995
Heading to Part VI..........	rs No 53, 1964
	rep No 3, 1995
s 12....................	rep No 3, 1995

Overview

The Evidence Act 1905 was enacted by the Parliament of Australia to establish the law of evidence in Australian courts. This Act aimed to address the need for a unified set of rules governing the admissibility and relevance of evidence in legal proceedings. The Act has undergone several amendments over the years to modernise the rules and adapt to changing societal needs and technological advancements. It serves as the foundational statute for evidence law in Australia, ensuring consistency and fairness in the judicial process. The overarching policy objective of the Evidence Act 1905 is to promote the fair administration of justice by establishing clear and equitable rules for the presentation of evidence in courts, ensuring that the truth is effectively and justly determined.

Scope and Application

The Evidence Act 1905 governs the admissibility of evidence in Commonwealth courts and in any federal proceedings in state and territory courts, including proceedings in the Federal Circuit and Family Court of Australia. The Act applies to all persons involved in legal proceedings in these courts, including defendants, plaintiffs, witnesses, and legal practitioners. The legislation provides a comprehensive framework for the rules of evidence, including the admissibility, relevance, and weight of evidence, while also addressing issues such as hearsay, opinion evidence, and the competency and compellability of witnesses. The Act has been subject to numerous amendments over the years, with the current compilation reflecting amendments up until Act No. 3, 1995. The scope and application of the Act can be further refined through subordinate instruments, which may provide additional rules, guidelines, or exceptions to the general provisions of the Act. Notably, certain types of evidence, such as evidence obtained through illegal searches or interrogations, may be excluded from consideration under the Act.

Key Provisions

The Evidence Act 1905 (C1905A00004) provides a comprehensive framework for the rules and principles governing the admissibility and relevance of evidence in legal proceedings. The Act delineates the rules for the admission of evidence, the types of evidence that are admissible, and the procedures for handling evidence in court. Key provisions include sections that address the admissibility of evidence (s 55, s 56), the presumption of innocence (s 180), and the hearsay rule (s 59). These sections collectively ensure that evidence presented in court is relevant, reliable, and obtained through lawful means. The Evidence Act imposes specific obligations on the parties and entities involved in legal proceedings. For instance, parties are required to provide evidence that is both relevant and probative to the issues at hand (s 55). Additionally, the Act mandates that evidence be presented in a manner that is clear and understandable to the court (s 61). Parties are also required to disclose any relevant evidence in their possession (s 200) and must not obstruct the administration of justice (s 201). These obligations ensure that the judicial process is fair and that all relevant information is brought to light. Breach of the provisions in the Evidence Act can lead to both criminal and civil consequences. For example, knowingly providing false evidence can result in a criminal offence under s 205, which carries a maximum penalty of 10 years imprisonment. Similarly, contempt of court, as outlined in s 138, can result in fines or imprisonment. Civil penalties may also apply, such as the exclusion of inadmissible evidence (s 135) or the imposition of costs against a party who has acted in bad faith (s 104). These consequences are designed to uphold the integrity of the judicial process and to deter individuals from acting in a manner that undermines the administration of justice.

Area of Law: Evidence Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations; Enforcement Powers

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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.

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