Table Of Contents

Contents (2001 - 76)

1. Short title

2. Commencement

2A. Numbering of Act

3. Interpretation

3A. References to business

3B. Unavailability of persons

3C. Unavailability of documents and things

3D. Representations in documents

Part 2 - Application of Act

4. Courts and proceedings to which Act applies

5. Extended application of certain provisions

6. Territories

7. Act binds Crown

8. Operation of other Acts

9. Application of common law and equity

10. Parliamentary privilege preserved

11. General powers of court

Chapter 2 - Adducing evidence

Part 1 - Witnesses

Division 1 - Competence and compellability of witnesses

12. Competence and compellability

13. Competence: lack of capacity

14. Compellability: reduced capacity

15. Compellability: Sovereign and others

16. Competence and compellability: judges and jurors

17. Competence and compellability: defendants in criminal proceedings

18. Compellability of spouses and others in criminal proceedings generally

19. Compellability of spouses and others in certain proceedings

20. Comment on failure to give evidence

Division 2 - Oaths and affirmations

21. Sworn evidence by oath or affirmation

22. Interpreters to act on oath or affirmation

23. Choice of oath or affirmation

24. Requirements for oaths

25. Rights to make unsworn statements unaffected

Division 3 - General rules about giving evidence

26. Court's control over questioning of witness

27. Parties may question witnesses

28. Order of examination in chief, cross-examination and re-examination

29. Manner and form of questioning and responses of witness

30. Interpreters

30A. Unsworn statements

31. Deaf and mute witnesses

32. Attempts to revive memory in court

33. Evidence by police officers

34. Attempts to revive memory out of court

35. Effect of calling for production of documents

36. Examination without subpoena or other process

Division 4 - Examination in chief and re-examination

37. Leading questions

38. Unfavourable witness

39. Limits on re-examination

Division 5 - Cross-examination

40. Witness called in error

41. Improper questions

42. Leading questions

43. Prior inconsistent statement of witness

44. Previous representation of other person

45. Production of document

46. Leave to recall witnesses

Part 2 - Documents

47. Interpretation of Part

48. Proof of contents of document

49. Documents in foreign countries

50. Proof of voluminous or complex documents

51. Original document rule abolished

Part 3 - Other evidence

52. Adducing of other evidence not affected

53. Views

54. Views to be evidence

Chapter 3 - Admissibility of evidence

Part 1 - Relevance

55. Relevant evidence

56. Relevant evidence admissible

57. Provisional relevance

58. Inference as to relevance

Part 2 - Hearsay

Division 1 - Hearsay rule

59. Hearsay rule exclusion of hearsay evidence

60. Exception: evidence relevant for non-hearsay purpose

61. Exception to hearsay rule dependent on competency

Division 2 - First-hand hearsay

62. Restriction to first-hand hearsay

63. Exception: civil proceedings if maker not available

64. Exception: civil proceedings if maker available

65. Exception: criminal proceedings if maker not available

66. Exception: criminal proceedings if maker available

66A. Exception: contemporaneous statements about a person's health, &c.

67. Notices to be given

68. Objection to tender of hearsay evidence in civil proceedings if maker available

Division 3 - Other exceptions to hearsay rule

69. Exception: business records

70. Exception: contents of tags, labels and writing

71. Exception: electronic communications

72. Exception: Aboriginal and Torres Strait Islander traditional laws and customs

73. Exception: reputation as to relationships and age

74. Exception: reputation of public or general rights

75. Exception: interlocutory proceedings

Part 3 - Opinion

76. Opinion rule

77. Exception: evidence relevant otherwise than as opinion evidence

78. Exception: lay opinion

78A. Exception: Aboriginal and Torres Strait Islander traditional laws and customs

79. Exception: opinion based on specialised knowledge

79A. Repealed

80. Ultimate issue and common knowledge rules abolished

Part 4 - Admissions

81. Hearsay and opinion rules: exception for admissions and related representations

82. Exclusion of evidence of admissions that is not first-hand

83. Exclusion of evidence of admissions as against third parties

84. Exclusion of admission influenced by violence and certain other conduct

85. Criminal proceedings: reliability of admissions by defendants

85A. Admission in serious offence

86. Exclusion of records of oral questioning

87. Admission made with authority

88. Proof of admission

89. Evidence of silence

90. Discretion to exclude admission

Part 5 - Evidence of judgments and convictions

91. Exclusion of evidence of judgments and convictions

92. Exceptions

93. Savings

Part 6 - Tendency and coincidence

94. Application of Part

95. Use of evidence for other purposes

96. Failure to act

97. Tendency rule

98. Coincidence rule

99. Requirements for notices

100. Court may dispense with notice requirements

101. Further restrictions on tendency evidence and coincidence evidence adduced by the prosecution

Part 7 - Credibility

Division 1 - Credibility evidence

101A. Credibility evidence

Division 2 - Credibility of witnesses

102. Credibility rule

103. Exception: cross-examination as to credibility

104. Further protection: cross-examination of defendant

105.

106. Exception: rebutting denials by other evidence

107. (Repealed)

108. Exception: re-establishing credibility

Division 3 - Credibility of persons who are not witnesses

108A. Admissibility of evidence of credibility of person who has made a previous representation

108B. Further protections: previous representations of an accused who is not a witness

Division 4 - Persons with specialised knowledge

108C. Exception: evidence of persons with specialised knowledge

Part 8 - Character

109. Application

110. Evidence about character of accused

111. Evidence about character of co-accused

112. Leave required for cross-examination on character of accused or co-accused

Part 9 - Identification evidence

113. Application of Part

114. Exclusion of visual identification evidence

115. Exclusion of evidence of identification by pictures

116. Directions to jury

Part 10 - Privileges

Division 1 - Client legal privilege

117. Interpretation of Division

118. Legal advice

119. Litigation

120. Unrepresented parties

121. Loss of client legal privilege: generally

122. Loss of client legal privilege: consent and related matters

123. Loss of client legal privilege: defendants

124. Loss of client legal privilege: joint clients

125. Loss of client legal privilege: misconduct

126. Loss of client legal privilege: related communications and documents

Division 1A - Professional confidential relationship privilege

126A. Definitions

126B. Exclusion of evidence of protected confidence

126C. Loss of professional confidential relationship privilege: consent

126D. Loss of professional confidential relationship privilege: misconduct

126E. Ancillary orders

126F. Application of Division

Division 2 - Other privileges

127. Religious confession

127A. Medical communications

127B. Communication to counsellor

128. Privilege in respect of self-incrimination in other proceedings

128A. Privilege in respect of self-incrimination exception for certain orders, &c.

Division 3 - Evidence excluded in the public interest

129. Exclusion of evidence of reasons for judicial decisions

130. Exclusion of evidence of matters of state

131. Exclusion of evidence of settlement negotiations

Division 4 - General

131A. Application of Division to preliminary proceedings of courts

132. Court to inform of rights to make applications and objections

133. Court may inspect, &c., documents

134. Inadmissibility of evidence that must not be adduced or given

Part 11 - Discretionary and mandatory exclusions

135. General discretion to exclude evidence

136. General discretion to limit use of evidence

137. Exclusion of prejudicial evidence in criminal proceedings

138. Discretion to exclude evidence improperly or illegally obtained

139. Cautioning person

Chapter 4 - Proof

Part 1 - Standard of proof

140. Civil proceedings: standard of proof

141. Criminal proceedings: standard of proof

142. Admissibility of evidence: standard of proof

142A. Proof of exemption

Part 2 - Judicial notice

143. Matters of law

144. Matters of common knowledge

145. Certain Crown certificates

Part 3 - Facilitation of proof

Division 1 - General

146. Evidence produced by processes, machines and other devices

147. Documents produced by processes, machines and other devices in the course of business

148. Evidence of certain acts of justices, lawyers and notaries public

149. Attestation of documents

150. Seals and signatures

151. Seals of bodies established under State law

152. Documents produced from proper custody

Division 2 - Matters of official record

153. Gazettes and other official documents

154. Documents published by authority of Parliaments

155. Evidence of official records

156. Public documents

157. Public documents relating to court processes

158. Evidence of certain public documents

159. Official statistics

Division 3 - Matters relating to post and communications

160. Postal articles

161. Electronic communications

162. Lettergrams and telegrams

163. Proof of letters having been sent by Commonwealth agencies

Part 4 - Corroboration

164. Corroboration requirements abolished

Part 5 - Warnings and Information

165. Unreliable evidence

165A. Warnings in relation to children's evidence

165B. Delay in prosecution

Part 6 - Ancillary provisions

Division 1 - Request to produce documents or call witnesses

166. Definition of request

167. Requests may be made about certain matters

168. Time limits for making certain requests

169. Failure or refusal to comply with request

Division 2 - Proof of certain matters by affidavits or written statements

170. Evidence relating to certain matters

171. Persons who may give such evidence

172. Evidence based on knowledge, belief or information

173. Notification of other parties

Division 3 - Foreign law

174. Evidence of foreign law

175. Evidence of law reports of foreign countries

176. Questions of foreign law decided by judge

Division 4 - Procedures for proving other matters

177. Certificates of expert evidence

177A. Certificate of analyst

177B. Proof of proceedings of councils and committees

177C. Probate and letters of administration

177D. Certificate of Surveyor-General

177E. Certificate of Chief Parliamentary Counsel

178. Convictions, acquittals and other judicial proceedings

179. Proof of identity of convicted persons by affidavits by members of State or Territory police forces

180. Proof of identity of convicted persons by affidavits by members of the Australian Federal Police

181. Proof of service of statutory notifications, notices, orders and directions

181A. Depositions on one charge admissible on trial of another

Chapter 5 - Miscellaneous

Part 1 - Miscellaneous provisions

182. Application of certain sections in relation to Commonwealth records

183. Inferences

184. Accused may admit matters and give consent

185. Full faith and credit to be given to documents properly authenticated

186. Swearing of affidavits before justices of the peace, notaries public and lawyers

187. No privilege against self-incrimination for bodies corporate

188. Impounding documents

189. The voir dire

190. Waiver of rules of evidence

191. Agreements as to facts

192. Leave, permission or direction may be given on terms

192A. Advance rulings and findings

193. Additional powers

194. Witnesses failing to attend proceedings

194A. Depositions under Justices Act 1959

194B. Depositions of persons dangerously ill

194C. Power of court or judge to order examination of witnesses on interrogatories or otherwise

194D. Parties

194E. Compelling attendance of witnesses or production of documents

194F. Examinations of witnesses to be taken on oath

194G. Persons appointed for taking examinations to report on conduct or absence of witnesses if necessary

194H. Costs of examination may be made costs in the cause

194I. Provisions relating to reading of examinations

194J. Printing and publication of certain evidence prohibited

194K. Publication of certain identifying particulars prohibited

194L. Publication of evidence in certain civil cases prohibited

194M. Evidence relating to sexual experience

195. Prohibited question not to be published

196. Proceedings for offences

196A. Medical examination of injured person

196B. Certain errors not avoid conviction

196C. Inspection of realty or personalty

Part 2 - Administrative provisions

197. Regulations

198. Administration of Act

199. Repeals

200. Savings, transitional and other provisions

Schedule 1 - Oaths and affirmations

Schedule 2 - Savings, Transitional and Other Provisions

Part 1 - Preliminary

Part 2 - Provisions consequent on the enactment of the

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Evidence Act 2001

Version current from 1 January 2011 to 30 April 2013 (accessed 19 March 2025 at 7:04)

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Version current from 1 January 2011 to 30 April 2013 (accessed 19 March 2025 at 7:04)

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File last modified 12 December 2024

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