Table Of Contents

Contents (1910 - 20)

1. Short title and commencement

2. Repealed

3. Interpretation

4. Application of Act

5. Saving of existing powers

Part II - The means of obtaining evidence

Division 1 - Examination of witnesses upon interrogatories or otherwise

6. Interpretation

7. Power of Supreme Court or judge to order examination of witnesses on interrogatories or otherwise

8. Parties

9. Compelling attendance of witnesses or production of documents

10. Examinations of witnesses to be taken upon oath

11. Persons appointed for taking examinations to report upon the conduct or absence of witnesses if necessary

12. Costs of an examination may be made costs in the cause

13. Provisions relating to the reading of examinations

Division 2 - Repealed

13A. Repealed

13B. Repealed

13C. Repealed

14. Repealed

14A. Repealed

15. Repealed

16. Repealed

17. Repealed

17A. Repealed

17B. Repealed

17C. Repealed

17D. Repealed

17E. Repealed

17F. Repealed

17G. Repealed

17H. Repealed

17I. Repealed

17J. Repealed

18. Repealed

19. Repealed

20. Repealed

21. Repealed

22. Repealed

Division 3 - Examination of witnesses by Parliamentary Committee

23. Power of select committees of either House of Parliament to examine witnesses upon declaration

24. False evidence perjury

Division 4 - Medical examinations of injured persons

25. Right of defendant to have injured person medically examined in certain cases

Division 5 - Inspection of realty or personalty

26. Inspection of realty or personalty

Part III - Means of proof and admissibility of evidence

Division 1 - By-laws

27. Interpretation

28. Proof of by-laws

29. Form of certificate

30. Technical proof unnecessary

31. Proof of proceedings of councils, committees, &c.

32. Proceedings to test legality

Division 2 - Bankers' books

33. Entries in bankers' books

34. Proof that book is a banker's book

35. Verification of copy

36. Criminal proceedings

37. Cases in which banker, &c., not compellable to produce book, &c.

38. Inspection of bankers' books

39. Costs

40. Affidavits, when admissible in evidence

Division 2A - Admissibility of business records made in writing

40A. Admissibility of certain business records in evidence

Division 2B - Admissibility of business records generally

40B. Interpretation

40C. Admissibility generally

40D. Restrictions generally on admissibility under section 40C

40E. Restrictions on admissibility under section 40C in criminal proceedings

40F. Dispute as to happening of events

40G. Weight of evidence under section 40C

40H. Weight of evidence under section 40F

40I. Credibility of the maker of a representation

40J. Inferences concerning admissibility

40K. Ancillary evidence

40L. Production of documents, &c.

40M. Authentication

40N. Rejection for unfairness, &c.

40O. Withholding statement from jury

40P. Corroboration

40Q. Exclusion of evidence in criminal proceedings

40R. Time for order

40S. Rules of court

40T. Non-application of this Division to certain representations

Division 3 - Proof of telegraphic messages

41. Notices to admit telegraphic messages may be given in civil proceedings

42. Proof of message

43. Proof of sending a message

Division 3A - Repealed

43A. Repealed

Division 4 - Judicial notice

44. Judicial notice of Acts, &c., of the United Kingdom, the Commonwealth and States, and Australasian Colonies

45. Judicial notice of the seals of the Commonwealth and States and Australasian Colonies

46. Judicial notice of official seals

47. Certain signatures to be judicially noticed

Division 5 - Documents and proceedings generally

48. Royal proclamations, orders of the Privy Council, &c.

49. Proclamations, orders-in-council, &c.

50. Proof of proclamations and acts of State

51. Proof of proclamations, orders, &c., by official copies

52. Documents admissible in His Majesty's dominions to be admissible in this State

53. Manner of proving acts of State, &c., of any other country

54. Proclamations, &c., receivable although not proved by sealed copies

55. Proof of other public documents

56. Votes and proceedings of Parliament

57. Proof of seal, signature, and official character dispensed with

58. Magistrate or justice of the peace

59. Certified copy of map, &c., to be admissible in evidence, &c.

60. Certificate of analyst to be evidence

60A. Certificate of Surveyor-General to be evidence

60B. Certificate of Chief Parliamentary Counsel to be evidence

61. Secondary evidence of a registered deed or document, &c.

62. Probate and letters of administration

63. Application for probate, &c., to be taken as conclusive evidence of death

64. Births, marriages, and deaths

65. Statutes of any country published by authority

66. Certain law books may be referred to as evidence of laws

67. Standard works of general literature

68. Machine copies to be evidence

Division 5A - Reproductions of documents

Subdivision I - Preliminary

68A. Interpretation

Subdivision II - Reproduction of official documents

68B. Certified reproductions of certain official documents, &c., admissible without further proof, &c.

68C. Non-application of Subdivision III

Subdivision III - Reproduction of business documents

68D. Admissibility of reproductions of business documents that are destroyed, lost, or unavailable

68E. Evidentiary provisions relating to prints made from transparencies of original documents

68F. Affidavits of makers of prints from transparencies to be evidence

68G. Proof where documents processed by independent processors

68H. Reproduction not to be admitted as evidence unless transparency in existence

68J. Proof of destruction of documents, &c.

68K. One certificate sufficient in certain circumstances

68L. Admissibility of copies of affidavits and certain certificates

68M. Discovery, inspection, and production where documents destroyed or lost

Subdivision IV - General provisions

68N. Further reproduction may be ordered by court, &c.

68P. Colours and tones of reproductions

68Q. Notice to produce and proof of comparison not required

68R. Presumptions as to old documents

68S. Reproductions made in other States, &c.

68T. Judicial notice

68U. Court may reject reproductions

68V. Weight of evidence

68W. Transparencies, &c., may be preserved in lieu of documents

68X. Provisions of Division in aid of other similar laws

68Y. Stamp duty

68Z. Power of Attorney-General to exclude provisions of Division

68ZA. Regulations

Division 5B - Photographs

68ZB. Admissibility of photographs

Division 6 - Proof of certain official documents and matters

69. Proof of Gazette

70. Proof of printing by Government Printer

71. Documents printed under authority of Stationery Office

72. Proof of act done by Governor or Minister

73. By-laws, rules, and regulations

74. Proof of incorporation of any company

75. Proof of judicial proceedings

76. Convictions, acquittals, and other judicial proceedings

77. Proof of identity of convicted person

78. Repealed

79. Repealed

80. Proof of instrument where attestation needed

81. Power to impound document

Division 7 - Provisions relating to modifications of the hearsay rule

81A. Interpretation

81B. Documentary evidence of facts in issue where maker of representation in document is called as witness

81C. Documentary evidence of facts in issue where maker of representation in document unavailable as witness

81D. Documentary evidence of opinions

81E. Proof of representation by production of copy of document

81F. Spontaneous contemporaneous representations

81G. Notice of intention to adduce hearsay representation in evidence

81H. Court's discretion of excluding evidence

81J. Impeaching credit of persons not called as witnesses

81K. Dying declarations

81L. Admissibility of certain previous inconsistent and contradictory statements and certain previous consistent statements

81M. Court may act on medical certificate

81N. Powers of judge in relation to certain representations where makers not called as witnesses, &c.

81P. Representations to be read out in criminal proceedings in certain cases

81Q. Documents relating to transportation of persons or goods

Part IV - Witnesses Generally

Division 1 - Competency and compellability of witnesses

82. Witnesses interested or convicted of offence

83. Evidence of deaf and dumb witness

84. Evidence of party, or of wife or husband of party, in civil cases

85. Evidence in criminal proceedings

85A. Evidence by spouse in relation to restraint orders

86. Evidence by spouse of defendant in proceedings by indictment to enforce civil rights

87. Power to compel answer to incriminating question

88. Witnesses in revenue cases compellable to give evidence

89. Certificate may be pleaded in bar to prosecution

90. Persons present may be examined without subpoena

91. Power of judge in the course of legal proceeding before him to direct subpoena to issue

92. Witnesses failing to attend trial

93. Procedure

Division 2 - Privilege of witnesses

94. Communications during marriage

95. Repealed

95A. Evidence of non-access

96. Communications to clergymen and medical men

Division 3 - Impeaching credit of witnesses

97. How far a party may discredit his own witness

98. Cross-examination as to previous statement in writing or deposition

99. Proof of contradictory statements of witness

100. Proof of previous conviction of witness

Division 4 - Protection of witnesses

101. Questions tending to criminate

102. Cross-examination as to credit

102A. Evidence relating to sexual experience, &c.

103. Indecent or scandalous questions

103A. Court may forbid publication of certain evidence, &c.

103AB. Prohibition of publication of certain identifying particulars in certain cases

104. Prohibited questions and evidence, &c., not to be published

Division 5 - General rules of evidence

105. Evidence of authority

106. Intention to defraud

107. Proof by attesting witness

108. Comparison of disputed handwriting

109. Admissions in criminal cases

110. Proof of exemption, &c., to lie upon defendant

111. Repealed

112. Repealed

113. Certain errors not to avoid conviction

113A. Admission of exhibits, &c., without formal proof

Division 6 - Rules of evidence in particular cases

114. Evidence on certain charges relating to money

115. Evidence on charges relating to seals and stamps

116. Evidence in cases of receiving stolen property

116A. Pilfering of goods from vessel, wharf, &c.

117. Repealed

118. Actions for seduction

119. Admission of paternity in cases of bastardy

120. Repealed

Division 7 - Evidence of witnesses in prison

121. Prisoner required to give evidence may be brought up on order

122. Provision for prisoner being present at taking of deposition of person dangerously ill

Part IVA - Child and Special Witnesses

122A. Interpretation of Part IVA

122B. Sworn evidence of child

122C. Unsworn evidence of child

122D. Corroboration not required

122E. Support person for child

122F. Admission of prior statement of affected child

122G. Evidence of affected child to be by closed circuit television

122H. Affected child may give oral evidence in court

122I. Special witness

122J. Preliminary hearing

Part V - Oaths, affirmations, declarations, and depositions, and commissioners for declarations

Division 1 - Oaths and affirmations

123. Form of oaths

124. Normal method of administering oath

125. Alternative method of administering oath

126. Affirmation in lieu of oath

127. Oath not affected by want of religious belief

128. Repealed

129. Persons to be admitted as interpreters on affirmation

130. Who may administer oaths

131. Voluntary oath unlawful

Division 2 - Commissioners for declarations: Declarations

131A. Appointment of commissioners for declarations

131B. Ex officio commissioners for declarations

131BA. Cessation of appointment

131C. Title to be shown

131D. Effect of commissioner ceasing to hold office

132. Statutory declarations

132AA. Regulations

Division 3 - Provisions relating to affidavits of service and instruments, and acts out of the jurisdiction

132A. Affidavit of service may be taken before a justice

132B. Attestation by justices out of the jurisdiction

132C. Powers of diplomatic agents, &c., as to affidavits and notarial acts out of State

Division 4 - Depositions

133. Depositions on one charge admissible on trial of another

134. Depositions under the Justices Act 1959

135. Depositions of persons dangerously ill

Part VI - Evidence in shorthand or by tape recording

136. Examiners of shorthand writers to be appointed by Governor

137. Shorthand writers to be licensed

138. Shorthand writers to be sworn

139. Power of judge or chairman of courts or justices, &c., to direct evidence to be taken down in shorthand in certain cases

140. Shorthand writer to be officer of court whilst in performance of duty

141. Transcript of notes to be received as evidence prima facie

142. Right of witness to sign either shorthand notes or transcript of evidence

143. Repealed

144. Rules of court

144A. Power to make rules of court, &c., with respect to procedure of courts extended to matters connected with tape recording of legal proceedings

144B. Tape recording and transcript thereof to be received as prima facie evidence

Part VII - Evidence for use in places outside the State

145. Interpretation

146. Power of solicitor to take affidavit or declaration for purposes of Act

146A. Power of person appointed by judicial authority to take evidence and administer oaths

147. How affidavit or declaration to be intituled

148. Certificate of consul or vice-consul or consular agent

149. False affidavit or declaration

Part VIII - Taking of evidence for foreign and Australian courts

150. Interpretation

151. Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court

152. Power of the Supreme Court to give effect to application for assistance

153. Privilege of witnesses

154. Offence

155. Operation of other laws

156. Rules of Court

Part IX - Examination of witnesses outside the State

157. Interpretation

158. Proceedings in the Supreme Court

159. Proceedings in inferior courts

160. Exclusion of evidence in criminal proceedings

161. Operation of other laws

162. Regulations and Rules of Court

163. Funding of closed circuit television equipment

164. Transitional provisions

Part I - Offices Under the Commonwealth

Part II - State and Colonial Offices

Schedule 5 - Affidavit of Identity

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Evidence Act 1910

Version current from 18 December 1998 to 29 April 1999 (accessed 12 April 2025 at 13:18)

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Version current from 18 December 1998 to 29 April 1999 (accessed 12 April 2025 at 13:18)

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File last modified 31 October 2019

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