{"id":"evidence-act-1939","name":"Evidence Act 1939","slug":"evidence-act-1939","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30084,"registerId":"nt-evidence-act-1939-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Evidence Act 1939.\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\naudio link, for Part 5, see section 49.\naudiovisual link means a facility (including closed-circuit\ntelevision) that enables audio and visual communication between\npersons at different places.\naudiovisual record, for Part 3, see section 21AA.\nauthorised person, for Part 3, see section 21AA.\nchild, for Part 3, see section 21AA.\ncommittal proceedings, for Part 7, see section 56.\ncommunication link, for Part 5, see section 49.\ncomplainant, see section 21G\nconfidential communication, for Part 7, see section 56.\ncounsellor, for Part 7, see section 56.\ncourt, see Part 1 of the Dictionary at the end of the Evidence\ndocument, see Part 1 of the Dictionary at the end of the Evidence\n\nEvidence Act 1939 2\ndomestic violence, see section 21G.\ndomestic violence offence, see section 21G.\ndomestic violence offence proceeding, see section 21G.\nEvidence (NUL) Act means the Evidence (National Uniform\nLegislation) Act 2011.\nexamination, for Part 3, see section 21AA.\nharm, for Part 7, see section 56.\ninterstate entity, for Part 5, see section 49.\ninterstate proceeding, for Part 5, see section 49.\njudge, see Part 1 of the Dictionary at the end of the Evidence\nparticipating State, for Part 5, see section 49.\nparty to a confidential communication, for Part 7, see\nsection 56.\nproceeding means a civil proceeding or a criminal proceeding,\neach as defined in Part 1 of the Dictionary at the end of the\nEvidence (NUL) Act.\nrecorded statement:\n(a) for Part 3 – see section 21AA; or\n(b) for Part 3A – see section 21G.\nserious violence offence, for Part 3, see section 21AA.\nsexual offence means a sexual offence within the meaning of the\nSexual Offences (Evidence and Procedure) Act 1983.\nspecial sitting, for Part 3, see section 21AA.\nstatement includes any representation of fact or opinion, whether\nmade in words or otherwise.\nTerritory entity, for Part 5, see section 49.\nTerritory proceeding, for Part 5, see section 49.\nvictim, for Part 7, see section 56.\n\nEvidence Act 1939 3\nvisual link, for Part 5, see section 49.\nvulnerable witness, for Part 3, see section 21AB.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"5 Application of Act\n(1) This Act applies to all proceedings to which the Evidence (NUL) Act\napplies.\n(2) Part 5 also applies to Territory proceedings and interstate\nproceedings (as defined in section 49).\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Relationship with Evidence (NUL) Act","content":"6 Relationship with Evidence (NUL) Act\nThis Act applies in addition to, and does not affect the operation of,\nthe Evidence (NUL) Act.\n","sortOrder":3},{"sectionNumber":"6A","sectionType":"section","heading":"Application of Criminal Code","content":"6A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 6A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Privilege","content":"Part 2 Privilege\n","sortOrder":5},{"sectionNumber":"12","sectionType":"section","heading":"Medical privilege","content":"12 Medical privilege\n(2) A medical practitioner shall not, without the consent of his or her\npatient, divulge in any civil proceeding (unless the sanity of the\npatient is the matter in dispute) any communication made to him or\nher in his or her professional character by the patient, and\nnecessary to enable him or her to prescribe or act for the patient.\n(3) Nothing in this section shall protect any communication made for\nany criminal purpose, or prejudice the right to give in evidence any\nstatement or representation at any time made to or by a medical\npractitioner in or about the effecting by any person of an insurance\non the life of himself or herself or any other person.\n\nEvidence Act 1939 4\n21AA Definitions\naudiovisual record includes a recorded statement.\nauthorised person means any of the following:\n(a) a police officer with the rank of constable or above;\n(b) a member of the Australian Federal Police who is appointed\nas a special constable under the Police Administration\nAct 1978;\n(c) a member of a police force of a State or another Territory who\nis appointed as a special constable under the Police\nAdministration Act 1978;\n(d) a person who is an authorised officer under section 304(1)(a)\nof the Care and Protection of Children Act 2007;\n(e) a member of a police force of a State or another Territory with\nthe rank of constable or above;\n(f) a person prescribed by regulation.\nchild means a person who is under 18 years of age.\nexamination of a witness includes cross-examination and\nre-examination.\nrecorded statement means an interview, recorded on video-tape\nor by other audiovisual means, in which an authorised person elicits\nfrom a vulnerable witness statements of fact which, if true, would\nbe of relevance to a proceeding.\nserious violence offence means:\n(a) an offence against any of the following provisions of the\nCriminal Code that is punishable by imprisonment for 5 or\nmore years:\n(i) Part V, Division 2;\n(ii) Part VI, Divisions 3 to 6A;\n(iii) Part VIA;\n\nEvidence Act 1939 5\n(iv) section 218;\n(v) another provision prescribed by regulation; or\n(aa) an offence against section 211 or 212 of the Criminal Code,\nas in force immediately before the commencement of section\n10 of the Criminal Code Amendment (Property Offences)\nAct 2022; or\n(b) an offence against Part V, Division 2 or Part VI, Division 5 of\nthe Criminal Code as in force before the commencement of\nPart 2 of the Criminal Justice Legislation Amendment (Sexual\nOffences) Act 2023 that was punishable by imprisonment for\n5 or more years.\nspecial sitting, of a court, means a sitting of the court held for the\npurpose of conducting an examination, or part of an examination,\nof a vulnerable witness in proceedings for a sexual offence or\nserious violence offence.\nvulnerable witness, see section 21AB.\n21AB Meaning of vulnerable witness\nA vulnerable witness means a witness in proceedings:\n(a) who is a child; or\n(b) who has a cognitive impairment or an intellectual disability; or\n(c) who is the alleged victim of a sexual offence to which the\nproceedings relate; or\n(d) who is a complainant in a domestic violence offence\nproceeding; or\n(e) whom a court considers to be vulnerable.\n","sortOrder":6},{"sectionNumber":"21A","sectionType":"section","heading":"Evidence of vulnerable witnesses","content":"21A Evidence of vulnerable witnesses\n(1) In considering whether a witness is a vulnerable witness, the court\nmay have regard to the following matters:\n(a) any relevant condition or characteristic of the witness,\nincluding age, education, ethnic and cultural background,\ngender, language background and skills, level of maturity and\nunderstanding and personality;\n(b) any mental or physical disability to which the witness is, or\nappears to be, subject;\n\nEvidence Act 1939 6\n(c) any relationship between the witness and the defendant to the\nproceedings;\n(d) any other matter the court considers relevant.\n(2) Subject to section 21B, a vulnerable witness is to give evidence at\na place outside the courtroom using an audiovisual link, unless:\n(a) an audiovisual link is not available; or\n(b) the witness chooses to give evidence in the courtroom.\n(2AB) Subject to subsection (2) and section 21B, if a vulnerable witness is\ngiving evidence in the courtroom, a screen, partition or one-way\nglass must be placed so that the witness's view of the defendant is\nobscured but not the view of the witness by the judge or the jury.\n(2AC) A witness is entitled to dispense with the use of the screen,\npartition or one-way glass mentioned in subsection (2AB).\n(2AD) In addition to the arrangements mentioned in subsections (2)\nto (2AC), a vulnerable witness is also entitled to the following:\n(a) for the purpose of providing the vulnerable witness with\nemotional support – be accompanied by:\n(i) a relative; or\n(ii) a friend; or\n(iii) any other person requested by the vulnerable witness\nand whom the court considers is in the circumstances\nappropriate to accompany the vulnerable witness;\n(b) that the court be closed while evidence is being given by the\nvulnerable witness in the proceeding (including evidence\ngiven under cross-examination) and that no persons remain in\nor enter a room or place in which the court is being held, or\nremain within the hearing of the court, without its permission.\n(2A) The court may make an order that the vulnerable witness is not to\ngive evidence using an arrangement under subsection (2AB)\nor (2AD) if satisfied that:\n(a) it is not in the interests of justice for the witness's evidence to\nbe given using that arrangement; or\n(b) the urgency of the proceeding makes the use of that\narrangement inappropriate.\n\nEvidence Act 1939 7\n(2B) In determining whether or not it is in the interests of justice to use\nan arrangement under subsection (2), the court must have regard\nto the following matters:\n(a) the need to minimise the harm that could be caused to the\nvulnerable witness by giving evidence;\n(b) the interest in the vulnerable witness being able to give\nevidence effectively.\n(2C) The court must state its reasons for making an order under\nsubsection (2A).\n(3) Where a vulnerable witness is to give evidence using an\narrangement under subsection (2) or (2AB), the judge must issue a\nwarning to the jury (if any) to the effect that:\n(a) the procedure is a routine practice of the court; and\n(b) no adverse inference is to be drawn against the accused as a\nresult of the use of the arrangement; and\n(c) the evidence of the witness is not to be given any greater or\nlesser weight because of the use of the arrangement.\n(4) If an arrangement under subsection (2AD)(a) is used, the person\nwho accompanies the vulnerable witness is to be placed so he or\nshe is visible to the judge and the jury (if any).\n(5) If an arrangement under subsection (2AD)(b) is used in a\nproceeding in which the defendant is or is apparently a child,\nnothing in subsection (2AD)(b) is to be taken to require the\nexclusion from the court or the place where the evidence is being\ngiven of a person who is required or permitted under the Youth\nJustice Act 2005 to be present.\n(6) If the court is requested to determine whether a witness is a\nvulnerable witness, the witness is to be taken to be a vulnerable\nwitness until the court makes the determination.\n","sortOrder":7},{"sectionNumber":"21B","sectionType":"section","heading":"Evidence of vulnerable witnesses in cases of sexual or serious","content":"21B Evidence of vulnerable witnesses in cases of sexual or serious\nviolence offences\n(1) This section applies to proceedings for the trial in respect of, or the\nhearing of a charge for, a sexual offence or a serious violence\noffence.\n\nEvidence Act 1939 8\n(2) If a vulnerable witness is to give evidence in proceedings to which\nthis section applies, the court may exercise one or both of the\nfollowing powers:\n(a) the court may admit a recorded statement in evidence as the\nwitness's evidence in chief or as part of the witness's\nevidence in chief;\n(b) the court may:\n(i) hold a special sitting in relation to the witness; and\n(ii) have an audiovisual recording made of the examination\nof the witness at the special sitting and admit the\nrecording in evidence; and\n(iii) re-play the recording to the jury as the witness's\nevidence or as part of the witness's evidence (as the\ncase requires).\n(3) If the prosecutor asks the court to admit a recorded statement in\nevidence or to hold a special sitting under subsection (2), the court\nmust accede to the request unless there is good reason for not\ndoing so.\n(3A) Without limiting subsection (3), when considering the prosecutor's\nrequest to admit a recorded statement or to hold a special sitting,\nthe court must take into account whether a recorded statement can\nbe played or a special sitting can be held in the courtroom for the\nproceedings.\n(4) Before the court admits a recorded statement, or the recording of\nan examination conducted at a special sitting, in evidence under\nthis section, the court may have it edited to remove irrelevant or\notherwise inadmissible material.\n(5) A vulnerable witness may (but need not) be present in the\ncourtroom when a recorded statement of evidence of the witness,\nor an audiovisual recording of the examination (or part of the\nexamination) of the witness, is re-played in the courtroom.\n(6) The vulnerable witness's demeanour, and words spoken or sounds\nmade by the vulnerable witness, during the re-play of a recorded\nstatement of evidence or an audiovisual recording of the\nexamination (or part of the examination) of the witness, are not to\nbe observed or overheard in the courtroom unless the vulnerable\nwitness elects to be present in the courtroom for that part of the\nproceedings.\n\nEvidence Act 1939 9\n","sortOrder":8},{"sectionNumber":"21C","sectionType":"section","heading":"Evidence given outside the courtroom","content":"21C Evidence given outside the courtroom\n(1) If evidence is given outside the courtroom and contemporaneously\ntransmitted to the courtroom, the following provisions apply:\n(a) the place where the vulnerable witness gives the evidence is\ntaken to be within the precincts of the court;\n(b) the court will determine who is to be present in the same room\nas the witness while the evidence is given;\n(c) the court may give directions:\n(i) to ensure necessary communication between persons in\nthe courtroom and the vulnerable witness; and\n(ii) to ensure that images of the defendant are not\ntransmitted to the place where the vulnerable witness is\ngiving evidence; and\n(iii) to ensure that the witness's evidence is audible in the\ncourtroom and that the judge, counsel and jury can\nadequately observe the demeanour of the witness while\ngiving evidence; and\n(iv) to deal with any incidental matter.\n(2) If the court holds a special sitting, the following provisions apply:\n(a) the court may hold the sitting wherever it thinks appropriate\nand, if it decides to sit outside the courtroom, the place where\nthe sitting is held is taken to be within the precincts of the\ncourt;\n(b) in the case of a trial by jury, the special sitting is to be held in\nthe absence of the jury (and may be held before the jury is\nempanelled);\n(c) during the examination of the witness, the defendant is not to\nbe present in the same room as the witness, but, if the\ndefendant wants to observe the examination, arrangements\nare to be made so that:\n(i) the defendant can contemporaneously hear and\nobserve the witness by audiovisual link; and\n(ii) the defendant (if represented) can communicate with\ncounsel for the defence during the course of the\nexamination;\n\nEvidence Act 1939 10\n(d) the court will determine who is to be in the same room as the\nwitness during the course of the examination;\n(e) the court may give directions on any matter incidental to the\nexamination or the recording of the examination.\n(3) If evidence is taken from a vulnerable witness from a place outside\nthe courtroom, but it is necessary for the witness to attend in the\ncourtroom to give identification evidence, the court must, unless\nthere is good reason to the contrary, defer taking the identification\nevidence until the witness has completed giving all other evidence.\n","sortOrder":9},{"sectionNumber":"21D","sectionType":"section","heading":"Principles in relation to child witnesses","content":"21D Principles in relation to child witnesses\n(1) It is the intention of the Legislative Assembly that, as children tend\nto be vulnerable in dealings with persons in authority (including\ncourts and lawyers), child witnesses be given the benefit of special\nmeasures.\n(2) If a witness is a child, the court must have regard to the following\nprinciples:\n(a) the court must take measures to limit, to the greatest extent\npracticable, the distress or trauma suffered (or likely to be\nsuffered) by the child when giving evidence;\n(b) the child must be treated with dignity, respect and\ncompassion;\n(c) the child must not be intimidated when giving evidence;\n(d) proceedings in which a child is a witness should be resolved\nas quickly as possible;\n(e) all efforts must be made to ensure that matters that may delay\nor interrupt a child's evidence in a proceeding are determined\nbefore a special sitting or trial commences.\n(3) However, if the court is satisfied that a child witness is able, and\nwants, to give evidence in the presence of the defendant, special\nmeasures are not to be taken, contrary to the wishes of the child, to\nprotect the child from the apprehended distress or trauma of giving\nevidence in the presence of the defendant.\n","sortOrder":10},{"sectionNumber":"21E","sectionType":"section","heading":"Audiovisual record of evidence of vulnerable witness","content":"21E Audiovisual record of evidence of vulnerable witness\n(1) If a vulnerable witness is to give evidence in criminal proceedings,\nand facilities are available for making an audiovisual record of the\nevidence, the court may direct that an audiovisual record be made\nof the witness's evidence.\n\nEvidence Act 1939 11\n(2) An order may be made under this section whether or not special\nmeasures are taken for the protection of the witness.\n(3) An audiovisual record made under this section forms part of the\nrecords of the court.\n(4) If, in later civil or criminal proceedings, a court is satisfied that\nevidence of which an audiovisual record has been made under this\nsection is relevant to the later proceedings, the court may admit the\naudiovisual record in evidence.\n(5) Before the court admits an audiovisual record in evidence, it may\nhave the record edited to exclude irrelevant material or material that\nis otherwise inadmissible in the later proceedings.\n(6) If a court admits an audiovisual record in evidence under this\nsection, the court may relieve the witness wholly or in part from an\nobligation to give evidence in the later proceedings.\n","sortOrder":11},{"sectionNumber":"21F","sectionType":"section","heading":"Closure of court in certain cases","content":"21F Closure of court in certain cases\n(1) The court is to be closed, in a case involving a charge of a sexual\noffence or a serious violence offence, while the evidence of a\nvulnerable witness is being taken.\n(2) This section extends both to the examination of the vulnerable\nwitness and to the re-play before the court of an audiovisual record\nof the witness's evidence.\n(3) While the court is closed under this section, a person must not\nremain in the courtroom, or a place from which the person can\noverhear the proceedings in the courtroom, without the court's\npermission.\n","sortOrder":12},{"sectionNumber":"21G","sectionType":"section","heading":"Definitions","content":"21G Definitions\ncomplainant, for a domestic violence offence proceeding, means\nan adult against whom a domestic violence offence the subject of\nthe proceeding is alleged, or has been found, to have been\ncommitted.\ndomestic violence, see section 5 of the Domestic and Family\nViolence Act 2007.\n\nEvidence Act 1939 12\ndomestic violence offence means:\n(a) an offence constituted by, or involving, conduct that is\ndomestic violence; or\n(b) an offence against section 120(1) of the Domestic and Family\nViolence Act 2007.\ndomestic violence offence proceeding means a proceeding for a\ndomestic violence offence.\nrecorded statement means an interview, recorded on video-tape\nor by other audiovisual means, in which a police officer elicits from\na complainant statements of fact that, if true, would be of relevance\nto a domestic violence offence proceeding.\n21GA Expert evidence for domestic violence\n(1) If evidence of domestic violence is relevant to a fact in issue in a\ndomestic violence offence proceeding, the court may admit expert\ndomestic violence evidence.\n(2) For subsection (1), expert domestic violence evidence includes\nevidence about the following:\n(a) the nature of domestic violence;\n(b) the effects of domestic violence on a person;\n(c) the effects of domestic violence on the complainant in\nparticular;\n(d) the effects of domestic violence on a child or young person.\n(3) Before admitting the expert domestic violence evidence, the court\nmust be satisfied that the expert giving the evidence demonstrates\nspecialist knowledge that was gained by training, study or\nexperience of a matter that is of relevance to a fact in issue in the\ndomestic violence offence proceeding.\n","sortOrder":13},{"sectionNumber":"21H","sectionType":"section","heading":"Evidence of complainant","content":"21H Evidence of complainant\n(1) A recorded statement that complies with section 21J:\n(a) may be played at the hearing of the charge for, or the trial in\nrespect of, the domestic violence offence to which it relates;\nand\n\nEvidence Act 1939 13\n(b) if it is played at the hearing or trial, may be admitted as the\ncomplainant's evidence in chief, or part of the complainant's\nevidence in chief, in the proceeding.\n(2) However, the court may refuse to admit all or part of the recorded\nstatement if the court considers it is in the interests of justice to do\nso.\n(3) A complainant may (but need not) be present in the courtroom\nwhen a recorded statement of evidence of the complainant is\nplayed in the courtroom.\n(4) The complainant's demeanour, and words spoken or sounds made\nby the complainant, during the playing of a recorded statement of\nevidence of the complainant, are not to be observed or overheard\nin the courtroom unless the complainant elects to be present in the\ncourtroom for that part of the proceeding.\n","sortOrder":14},{"sectionNumber":"21J","sectionType":"section","heading":"Requirements for recorded statement","content":"21J Requirements for recorded statement\n(1) To be admissible, a recorded statement must be made:\n(a) as soon as practicable after the events mentioned in the\nstatement occurred; and\n(b) with the informed consent of the complainant.\n(3) A recorded statement:\n(a) must include a statement by the complainant as to the\ncomplainant's age; and\n(b) must be made as a statutory declaration in compliance with\nsection 20 of the Oaths, Affidavits and Declarations Act 2010.\n(4) If any part of a recorded statement is in a language other than\nEnglish:\n(a) the recorded statement must contain an English translation of\nthe part; or\n(b) a separate written English translation of the part must\naccompany the recorded statement.\n\nEvidence Act 1939 14\n","sortOrder":15},{"sectionNumber":"21K","sectionType":"section","heading":"Service of recorded statement on defendant's legal","content":"21K Service of recorded statement on defendant's legal\npractitioner\n(1) This section applies if:\n(a) a recorded statement has been made for a domestic violence\noffence proceeding; and\n(b) the defendant is represented by a legal practitioner in the\n(2) The prosecution must serve a copy of the recorded statement on\nthe defendant's legal practitioner as soon as practicable after the\nproceeding is commenced.\n(3) The defendant must not be given, or take a copy of, the recorded\nstatement.\n","sortOrder":16},{"sectionNumber":"21L","sectionType":"section","heading":"Access to recorded statement if defendant unrepresented","content":"21L Access to recorded statement if defendant unrepresented\n(1) This section applies if:\n(a) a recorded statement has been made for a domestic violence\noffence proceeding; and\n(b) the defendant is not represented by a legal practitioner in the\n(2) The prosecution must:\n(a) serve an audio copy of the recorded statement on the\ndefendant as soon as practicable after the proceeding is\ncommenced; and\n(b) give the defendant a reasonable opportunity to view the\nrecorded statement on a day before the hearing of the charge\nfor, or before the committal date in respect of, the domestic\nviolence offence to which the recorded statement relates.\n","sortOrder":17},{"sectionNumber":"21M","sectionType":"section","heading":"Failure to comply with service or access requirements","content":"21M Failure to comply with service or access requirements\nEvidence of a complainant given in the form of a recorded\nstatement is not to be admitted if section 21K or 21L has not been\ncomplied with, unless the court is satisfied that:\n(a) the parties consent to the recorded statement being admitted;\nor\n\nEvidence Act 1939 15\n(b) the defendant or the defendant's legal practitioner has been\ngiven a reasonable opportunity to listen to or view the\nrecorded statement and it would be in the interests of justice\nto admit the recorded statement.\n","sortOrder":18},{"sectionNumber":"21N","sectionType":"section","heading":"Transcript of recorded statement","content":"21N Transcript of recorded statement\n(1) Despite any other law, the prosecution in a domestic violence\noffence proceeding is not required to provide a transcript of a\nrecorded statement for the proceeding to the defendant or the\ndefendant's legal practitioner.\n(2) In a jury trial, the court may order that a transcript of all or part of\nthe evidence given in the form of a recorded statement be supplied\nto the jury if the court considers that a transcript would be likely to\nhelp the jury understand the evidence.\n","sortOrder":19},{"sectionNumber":"21P","sectionType":"section","heading":"Editing or otherwise altering recorded statement","content":"21P Editing or otherwise altering recorded statement\nA recorded statement may be edited or otherwise altered only if:\n(a) both parties consent to the edits or alterations; or\n(b) the court before which the domestic violence offence\nproceeding is taking place so orders.\nExample for section 21P\nThe court might order the editing of the statement to remove inadmissible\nmaterial.\n","sortOrder":20},{"sectionNumber":"21Q","sectionType":"section","heading":"Offence to publish recorded statement","content":"21Q Offence to publish recorded statement\n(1) A person commits an offence if:\n(a) the person intentionally publishes a recorded statement; and\n(b) the person does not have authority to publish the recorded\nstatement and the person is reckless in relation to that\ncircumstance.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) For subsection (1), a person has authority to publish a recorded\nstatement only if the person publishes the recorded statement in\nconnection with:\n(a) the investigation of, or a proceeding for, an offence in relation\nto which the recorded statement is prepared; or\n\nEvidence Act 1939 16\n(b) a rehearing, retrial or appeal in relation to the proceeding.\n(3) In this section:\nperson includes the complainant who made the recorded\nstatement.\npublish means communicate or disseminate information in a way\nor to an extent that makes it available to, or likely to come to the\nnotice of, the public or a section of the public or anyone else not\nlawfully entitled to the information.\n21QA Leave required for unrepresented defendant to cross-examine\ncertain vulnerable witnesses\n(1) This section applies if, in an examination of witnesses or a trial, a\ndefendant is not represented by a legal practitioner and the\ndefendant wishes to cross-examine a vulnerable witness.\n(2) The defendant is not entitled to cross-examine the witness directly\nunless the court grants leave.\n(3) The court cannot grant leave under subsection (2) if the witness is\na child, or has a cognitive impairment or an intellectual disability.\n(4) The court must not grant leave under subsection (2) unless\nsatisfied that the witness's ability to testify under cross-examination\nwill not be adversely affected if the defendant conducts the\ncross-examination.\n(5) In considering whether the witness's ability to testify will be\nadversely affected, the court must have regard to any trauma or\ndistress that could be caused if the defendant conducts the\ncross-examination.\n(6) In considering whether to grant leave under subsection (2), the\ncourt must not require the witness to give evidence about the\nmatters mentioned in subsections (4) and (5).\n21QB Leave not given to directly cross-examine witness\n(1) This section applies if the court does not grant leave under\nsection 21QA(2).\n(2) The court must, as soon as practicable, explain to the defendant:\n(a) the prohibition against directly cross-examining the witness\nand the effect of the prohibition; and\n\nEvidence Act 1939 17\n(b) that if the defendant does not cross-examine the witness, the\ndefendant will not be permitted to adduce evidence in relation\nto a fact in issue in order to contradict the evidence of the\nwitness; and\n(c) that the defendant can arrange for a legal practitioner to\ncross-examine the witness on the defendant's behalf; and\n(d) that the defendant must notify the court of the name of the\narranged legal practitioner by a date specified by the court;\nand\n(e) that if the defendant does not wish to make such an\narrangement, or if the defendant fails to notify the court of the\nname of a legal practitioner by the date specified:\n(i) the court will decide whether it is necessary in the\ninterests of justice to appoint a legal practitioner to\ncross-examine the witness for the defendant; and\n(ii) if the court decides that it is necessary – the court may\nappoint a legal practitioner to cross-examine the witness\nfor the defendant, or make any other order the court\nconsiders necessary.\n(3) If the defendant does not wish to make such an arrangement, or if\nthe defendant fails to notify the court of the name of a legal\npractitioner by the date specified:\n(a) the court must decide whether it is necessary in the interests\nof justice to appoint a legal practitioner to cross-examine the\nwitness for the defendant; and\n(b) if the court decides that it is necessary – the court may\nappoint a legal practitioner (the appointed person) to cross-\nexamine the witness for the defendant, or make any other\norder the court considers necessary.\n(4) If the defendant wishes to cross-examine a vulnerable witness, the\ndefendant must put any question to the appointed person and the\nappointed person must put the question to the witness, unless the\nappointed person considers the question to be improper.\nNotes for subsection (4)\n1 The appointed person need not use the exact same words as the defendant\nwhen putting a question.\n","sortOrder":21},{"sectionNumber":"2","sectionType":"section","heading":"The court can also rule that a question is improper and need not be","content":"2 The court can also rule that a question is improper and need not be\nanswered – see section 41(2) of the Evidence (National Uniform Legislation)\nAct 2011.\n\nEvidence Act 1939 18\n","sortOrder":22},{"sectionNumber":"3","sectionType":"section","heading":"See section 41(3) of the Evidence (National Uniform Legislation) Act 2011 for","content":"3 See section 41(3) of the Evidence (National Uniform Legislation) Act 2011 for\nthe meaning of improper question.\n(5) If the defendant does not give any instructions to an appointed\nperson, the appointed person must act in the best interests of the\ndefendant.\n(6) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith as an appointed person for\nthis section.\n21QC Warning\nIf a defendant cross-examines a witness through an appointed\nperson, the court must issue a warning to the jury (if any) to the\neffect that:\n(a) the procedure is a routine practice of the court; and\n(b) no adverse inference is to be drawn against the defendant as\na result of the use of the arrangement; and\n(c) the evidence of the witness is not to be given any greater or\nlesser weight because of the use of the arrangement.\n","sortOrder":23},{"sectionNumber":"21R","sectionType":"section","heading":"Part does not affect other provisions","content":"21R Part does not affect other provisions\nThis Part does not affect any other provisions of this Act.\nExample for section 21R\nThis Part does not affect the operation of Part 3 in relation to the complainant as a\nvulnerable witness.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Evidentiary certificate by reporting scientist","content":"24 Evidentiary certificate by reporting scientist\n(1) This section applies to a criminal proceeding.\n(2) A certificate purporting to be signed by a reporting scientist and\nstating any of the following matters is evidence of the matter:\n(a) that a stated thing was received at a stated laboratory on a\nstated day;\n(b) that the thing was tested at the laboratory on a stated day or\nbetween stated days;\n(c) that a stated DNA profile has been obtained from the thing;\n\nEvidence Act 1939 19\n(d) that the reporting scientist:\n(i) examined the laboratory's records relating to the receipt,\nstorage and testing of the thing, including any test\nprocess that was done by someone other than the\nreporting scientist; and\n(ii) confirms the records indicate all quality assurance\nprocedures for the receipt, storage and testing of the\nthing that were in place in the laboratory at the time of\nthe test were complied with.\n(3) If a party intends to rely on the certificate, the party must:\n(a) at least 15 business days before the hearing day, give a copy\nof the certificate to each other party; and\n(b) at the hearing, call the reporting scientist to give evidence\nunless the parties agree otherwise.\n(4) If the Commissioner of Police receives a written request from a\nparty for a copy of the laboratory's records relating to the receipt,\nstorage and testing of the thing, the Commissioner must give the\nparty a copy of the records within 7 business days after receiving\nthe request.\n(5) If a party intends to challenge a matter stated in the certificate, the\nparty must, at least 3 business days before the hearing day, give\nthe Commissioner of Police and each other party written notice of\nthe matter to be challenged.\n(6) A party challenging a matter stated in the certificate may, with the\nleave of the court, require the party relying on the certificate to call\nany person involved in the receipt, storage or testing of the thing to\ngive evidence at the hearing.\n(7) The court may give leave only if satisfied:\n(a) an irregularity may exist in relation to the receipt, storage or\ntesting of the thing about which the person to be called is able\nto give evidence; and\n(b) it is in the interests of justice that the person be called to give\nevidence.\n(8) Any equipment used in testing the thing at the laboratory is to be\ntaken to have given accurate results in the absence of evidence to\nthe contrary.\n\nEvidence Act 1939 20\n(9) A document required to be given under this section may be given\npersonally or by post, facsimile or another form of electronic\ncommunication.\n(10) On application made to it, the court may, before or after a time\nfixed under this section expires, extend or abridge the time by an\norder fixing, extending or abridging the time, whether or not the\napplication is made before the time expires.\n(11) In this section:\nbusiness day means a day that is not:\n(a) a Saturday or Sunday; or\n(b) a day that is declared to be a public holiday under the Public\nHolidays Act 1981.\ncriminal proceeding, see Part 1 of the Dictionary at the end of the\nEvidence (NUL) Act.\nDNA profile means the result from a DNA analysis.\nhearing day means the day fixed for the start of the hearing of a\nlaboratory means a forensic science laboratory of the\nCommonwealth or a State or Territory.\nrecords, of a laboratory, means records in the possession of the\nCommissioner of Police or to which the Commissioner has access.\nreporting scientist means a person who holds a prescribed\nqualification.\n","sortOrder":25},{"sectionNumber":"26E","sectionType":"section","heading":"Exception to rule against hearsay evidence","content":"26E Exception to rule against hearsay evidence\n(1) In a proceeding arising from a charge of a sexual offence or a\nserious violence offence, the court may, despite the rule against\nhearsay evidence, admit evidence of a statement made by a child\nto another person as evidence of facts in issue if the Court\nconsiders the evidence of sufficient probative value to justify its\nadmission.\n(2) In a preliminary examination under Part V, Division 1 of the Local\nCourt (Criminal Procedure) Act 1928, the child whose evidence is\nadmitted under subsection (1) cannot be cross-examined in relation\nto the statement.\n\nEvidence Act 1939 21\n(3) An accused person cannot be convicted solely on the basis of\nhearsay evidence admitted under subsection (1).\n","sortOrder":26},{"sectionNumber":"49","sectionType":"section","heading":"Interpretation","content":"49 Interpretation\naudio link means facilities (including telephone) that enable audio\ncommunication between persons at different places.\ncommunication link means an audiovisual link, audio link or visual\nlink.\ninterstate entity means:\n(a) a court of a participating State; or\n(b) a person or body authorised by or under a law of a\nparticipating State to take evidence on oath or affirmation;\nthat is authorised by the provisions of an Act of that State in terms\nsubstantially corresponding to Divisions 3 and 4 to direct that\nevidence be taken or submissions be made by audio link or\naudiovisual link from the Territory.\ninterstate proceeding means a proceeding in or before an\ninterstate entity.\nparticipating State means a State or Territory in which provisions\nof an Act in terms substantially corresponding to Divisions 3 and 4\nare in force.\nTerritory entity means any of the following:\n(a) a court;\n(b) a coroner;\n(c) a person or body authorised by or under a law of the Territory\nto take evidence on oath;\n(d) in this Division and Division 2 – a person acting judicially,\nincluding the holder of a statutory office or a public sector\nemployee with authority to examine evidence.\n\nEvidence Act 1939 22\nTerritory proceeding means a proceeding in or before a Territory\nentity.\nvisual link means facilities that enable visual communication\nbetween persons at different places.\n","sortOrder":27},{"sectionNumber":"49B","sectionType":"section","heading":"Application of Part","content":"49B Application of Part\nNothing in this Part prevents a person who is within or outside the\nTerritory or Australia from appearing before or giving evidence or\nmaking submissions to a Territory entity for the purposes of a\nproceeding in the Territory in a manner provided for under:\n(a) another law of the Territory; or\n(b) a rule, regulation or matter of practice made under a law of\nthe Territory.\n","sortOrder":28},{"sectionNumber":"49C","sectionType":"section","heading":"Procedural rules","content":"49C Procedural rules\nA Territory entity may make rules or otherwise determine\nprocedures for or with respect to:\n(a) appearance; or\n(b) giving of evidence in a proceeding; or\n(c) making a submission in a proceeding;\nby a communication link provided for in this Part, including rules or\nprocedures in respect of failure of a link.\n","sortOrder":29},{"sectionNumber":"49D","sectionType":"section","heading":"Application of Division","content":"49D Application of Division\n(1) This Division applies to any Territory proceeding.\n(2) Nothing in this Division limits the application of Division 3 or 4 to a\n(3) Nothing in Division 3 or 4 limits the application of this Division to a\n","sortOrder":30},{"sectionNumber":"49E","sectionType":"section","heading":"Use of communication link by Territory entity","content":"49E Use of communication link by Territory entity\n(1) A Territory entity may direct that a person (whether or not a party to\nthe proceeding) appear before, or give evidence or make a\nsubmission to, the entity by a communication link from any place\nwithin or outside the Territory (including outside Australia) that is\n\nEvidence Act 1939 23\noutside the place where the entity is sitting.\n(2) The entity may give a direction under subsection (1) on its own\ninitiative or on application by a party to the proceeding, and the\ndirection may be subject to any conditions the entity considers\nappropriate.\n(3) A direction under subsection (1) may be given at any stage of a\nExample for subsection (3)\nA court may direct that an offender appear before the court by communication link\nfor sentencing.\n(4) However, the entity must not give a direction under subsection (1)\nunless it is satisfied that the necessary facilities are available or can\nreasonably be made available.\n(5) Without limiting the matters to which the entity may have regard for\ngiving a direction under subsection (1), the entity must have regard\nto the following matters, as appropriate:\n(a) the risk of endangering the personal security of a person,\nincluding any safety and welfare considerations involved in\ntransporting a person;\n(b) the risk of an accused person escaping, or attempting to\nescape, from custody;\n(c) past behaviour of a person while appearing before an entity or\nwhile in custody;\n(d) the efficient use of available judicial and administrative\nresources;\n(e) any other matters that the entity considers appropriate.\nExamples for subsection (5)(e)\n1 The ability of the defendant to comprehend the proceedings or access legal\nadvice or representation or the assistance of an interpreter.\n2 Any special needs of the defendant, including the impact of any intellectual or\nphysical disability, mental illness or the need for a support person.\n(6) If the person who is to appear before the entity is an expert\nwitness, or is a police officer giving corroborative evidence, the\nperson is to appear by communication link unless:\n(a) the necessary facilities are not available and cannot\nreasonably be made available; or\n\nEvidence Act 1939 24\n(b) the entity is of the view that it is in the interests of justice that\nthe witness should appear before the entity in person.\n(7) The entity may at any time vary or revoke an order made under this\nDivision, either on its own initiative or on application of a party to\nthe proceeding.\n(8) A requirement by or under an Act that a person is to be present, or\nis to attend or be brought before a Territory entity is to be taken to\nbe satisfied if the person is present, attends or is brought before\nthe entity by way of a communication link in accordance with this\nDivision.\n","sortOrder":31},{"sectionNumber":"49F","sectionType":"section","heading":"Appearance, giving evidence or making submissions by","content":"49F Appearance, giving evidence or making submissions by\naudiovisual link\nsubmission must not be made, by audiovisual link under this\nDivision unless:\n(b) the place where the person would appear, the evidence would\nbe given or the submission would be made (place B);\nare equipped with audiovisual link facilities that enable:\n(c) all appropriate persons who are at place A to see and hear all\n(d) all appropriate persons who are at place B to see and hear all\n","sortOrder":32},{"sectionNumber":"49G","sectionType":"section","heading":"Appearance, giving evidence or making submissions by audio","content":"49G Appearance, giving evidence or making submissions by audio\nlink\nsubmission must not be made, by audio link under this Division,\nunless:\n(b) the place where the person would appear, evidence would be\ngiven or the submission would be made (place B);\nare equipped with audio link facilities that enable:\n(c) all appropriate persons who are at place A to hear all\n\nEvidence Act 1939 25\n(d) all appropriate persons who are at place B to hear all\n","sortOrder":33},{"sectionNumber":"49H","sectionType":"section","heading":"Appearance, giving evidence or making submissions by visual","content":"49H Appearance, giving evidence or making submissions by visual\nlink\nsubmission must not be made, by visual link under this Division\nunless:\n(b) the place where the person would appear, the evidence would\nbe given or the submission would be made (place B);\nare equipped with visual link facilities that enable:\n(c) all appropriate persons who are at place A to see all\n(d) all appropriate persons who are at place B to see all\n","sortOrder":34},{"sectionNumber":"49I","sectionType":"section","heading":"Premises to be considered part of place where entity is sitting","content":"49I Premises to be considered part of place where entity is sitting\n(1) Despite any provision to the contrary, any place at which a\ncommunication link is being used in accordance with this Division\nfor the purpose of a person appearing before, or giving evidence or\nmaking a submission to, a Territory entity is taken to be part of the\nplace where the entity is sitting for the purpose of conducting the\n(2) Subsection (1) has effect, for example, for the purposes of the laws\nrelating to evidence, procedure, contempt of court and perjury.\n(3) Subsection (1) also has the effect that any offence committed at\nthe place where the person appearing before the entity or giving the\nevidence or making the submission is located is to be taken to have\nbeen committed at the place where the entity is sitting for the\npurposes of the laws in force in the Territory.\n(4) If a communication link fails in relation to a proceeding, the entity\nmay:\n(a) adjourn the proceeding; or\n(b) make other orders as are appropriate in the circumstances as\nif a person present at the place at which the communication\nlink is located were in the presence of the entity.\n\nEvidence Act 1939 26\n","sortOrder":35},{"sectionNumber":"49J","sectionType":"section","heading":"Expenses","content":"49J Expenses\nIf a Territory entity directs that a person appear, evidence be taken,\nor submissions be made, by a communication link from a person\nunder this Division, the entity may make the orders it considers just\nfor payment of the expenses incurred.\n","sortOrder":36},{"sectionNumber":"49K","sectionType":"section","heading":"Administration of oaths","content":"49K Administration of oaths\nAn oath to be taken by a person giving evidence by a\ncommunication link under this Division may be administered:\n(a) by means of a communication link, as nearly as practicable in\nthe same way as if the person were to give evidence in the\nplace where the Territory entity is sitting; or\n(b) at the direction of, or on behalf of, the entity at the place\nwhere the person is giving the evidence, by a person\nauthorised by the entity.\n","sortOrder":37},{"sectionNumber":"49L","sectionType":"section","heading":"Putting documents to remote person","content":"49L Putting documents to remote person\n(1) If in the course of examination of a person by a communication link\nit is necessary to put a document to the person, a Territory entity\nmay permit the document to be put to the person:\n(a) if the document is at the place where the entity is sitting:\n(i) by transmitting by any means (including by the\nimage of it to the place where the person is giving\nevidence or making a submission; and\n(ii) by the image transmitted being then put to the person;\nor\n(b) if the document is at the place where the person is giving\nevidence or making a submission:\n(i) by putting the document to the person; and\n(ii) by then transmitting by any means (including by the\nimage of the document to the place where the entity is\nsitting.\n(2) A document put to a person in accordance with subsection (1) is\nadmissible as evidence without proof that the transmitted video,\nelectronic or other image of the document is a true copy of the\ndocument.\n\n","sortOrder":38},{"sectionNumber":"Div 3","sectionType":"division","heading":"Use of interstate audiovisual links or audio links in Territory proceedings","content":"Division 3 Use of interstate audiovisual links or audio links in Territory proceedings\nEvidence Act 1939 27\n","sortOrder":39},{"sectionNumber":"49M","sectionType":"section","heading":"Putting objects to remote person","content":"49M Putting objects to remote person\n(1) If in the course of examination of a person by a communication link\nit is necessary to put an object, other than a document, to the\nperson, a Territory entity may permit the object to be put to the\nperson:\n(a) if the object is at the place where the entity is sitting:\n(i) by transmitting by any means (including by the\nimage of the object to the place where the person is\ngiving evidence or making a submission; and\n(ii) by the image transmitted being then put to the person;\nor\n(b) if the object is at the place where the person is giving\nevidence or making a submission:\n(i) by putting the object to the person; and\n(ii) by then transmitting by any means (including by the\nimage of the object to the place where the entity is\nsitting.\n(2) The entity may permit the video, electronic or other image of the\nobject transmitted to the place where the entity is sitting, or any\ncopy of that image, to be admissible as evidence of the object.\nDivision 3 Use of interstate audiovisual links or audio links in\nTerritory proceedings\n49N Application of Division\nThis Division applies to any Territory proceeding.\n49P Territory entity may take evidence and submissions from\noutside Territory\n(1) A Territory entity may, on the application of a party to a proceeding,\ndirect that evidence be taken or submissions be made, by\naudiovisual link or audio link, from a participating State.\n(2) The entity must not make the direction unless it is satisfied that:\n(a) the necessary facilities are available or can reasonably be\nmade available; and\n\nDivision 3 Use of interstate audiovisual links or audio links in Territory proceedings\nEvidence Act 1939 28\n(b) the evidence or submission can more conveniently be given\nor made from the participating State.\n(3) Without limiting the matters to which the entity may have regard,\nthe entity must have regard to whether the making of the direction\nwould be unfair to any person.\n(4) The entity may exercise in the participating State, in connection\nwith taking evidence or receiving submissions by audiovisual link or\naudio link, any of its powers that the court is permitted under the\nlaw of the participating State to exercise in the participating State.\n","sortOrder":40},{"sectionNumber":"49Q","sectionType":"section","heading":"Giving evidence or making submissions by audiovisual link","content":"49Q Giving evidence or making submissions by audiovisual link\nEvidence must not be given, and a submission must not be made,\nby audiovisual link under this Division unless:\n(b) the place where the evidence would be given or the\nsubmission would be made (place B);\nare equipped with audiovisual link facilities that enable:\n(c) all appropriate persons who are at place A to see and hear all\n(d) all appropriate persons who are at place B to see and hear all\n","sortOrder":41},{"sectionNumber":"49R","sectionType":"section","heading":"Giving evidence or making submissions by audio link","content":"49R Giving evidence or making submissions by audio link\nEvidence must not be given, and a submission must not be made,\nby audio link under this Division, unless:\n(b) the place where the evidence would be given or the\nsubmission would be made (place B);\nare equipped with audio link facilities that enable:\n(c) all appropriate persons who are at place A to hear all\n(d) all appropriate persons who are at place B to hear all\nappropriate persons at place A..\n\nEvidence Act 1939 29\n","sortOrder":42},{"sectionNumber":"49S","sectionType":"section","heading":"Expenses","content":"49S Expenses\nIf a Territory entity directs evidence to be taken, or submissions to\nbe made, by audiovisual link or audio link from a person in a\nparticipating State, the entity may make the orders it considers just\nfor payment of expenses incurred in connection with taking the\nevidence or making the submissions.\n","sortOrder":43},{"sectionNumber":"49T","sectionType":"section","heading":"Counsel entitled to practise","content":"49T Counsel entitled to practise\nA person who is entitled to practise as a legal practitioner in a\nparticipating State is entitled to practise as a barrister, solicitor or\nboth:\n(a) in relation to the examination-in-chief, cross-examination or\nre-examination of a witness in the participating State whose\nevidence is being given by audiovisual link or audio link in a\nTerritory proceeding; and\n(b) in relation to the making of submissions by audiovisual link or\naudio link from the participating State in a Territory\nDivision 4 Use of interstate audiovisual links or audio links in\ninterstate proceedings\n49U Application of Division\nThis Division applies to any interstate proceeding.\n49V Interstate entity may take evidence or receive submissions\nfrom persons in Territory\nAn interstate entity may, for the purposes of an interstate\nproceeding, take evidence or receive submissions, by audiovisual\nlink or audio link from a person in the Territory.\n","sortOrder":44},{"sectionNumber":"49W","sectionType":"section","heading":"Powers of interstate entity","content":"49W Powers of interstate entity\n(1) The interstate entity may, for the purposes of the proceeding,\nexercise in the Territory, in connection with taking evidence or\nreceiving submissions by audiovisual link or audio link, any of its\npowers, except its powers:\n(a) to punish for contempt; and\n(b) to enforce or execute its judgments or process.\n(2) The laws of the participating State (including rules of court) that\napply to the proceeding in that State also apply, by force of this\n\nEvidence Act 1939 30\nsubsection, to the practice and procedure of the interstate entity in\ntaking evidence or receiving submissions, by audiovisual link or\naudio link from a person in the Territory.\n(3) For the purposes of the interstate entity exercising its powers, the\nplace in the Territory where evidence is given or submissions are\nmade is taken to be part of the place where the entity is sitting.\n","sortOrder":45},{"sectionNumber":"49X","sectionType":"section","heading":"Orders made by interstate entity","content":"49X Orders made by interstate entity\nWithout limiting section 49W, the interstate entity may, by order:\n(a) direct that the proceeding, or a part of the proceeding, be\nconducted in private; or\n(b) require a person to leave a place in the Territory where the\ngiving of evidence or the making of submissions is taking\nplace or is going to take place; or\n(c) prohibit or restrict the publication of evidence given in the\nproceeding or of the name of a party to, or a witness in, the\n","sortOrder":46},{"sectionNumber":"49Y","sectionType":"section","heading":"Enforcement of order","content":"49Y Enforcement of order\n(1) An order of an interstate entity under this Division must be\ncomplied with.\n(2) Subject to rules of court, the order may be enforced by the\nSupreme Court of the Northern Territory as if the order were an\norder of that court.\n(3) Without limiting subsection (2), a person who contravenes the\norder:\n(a) is taken to be in contempt of the Supreme Court of the\nNorthern Territory; and\n(b) is punishable accordingly;\nunless the person establishes that the contravention should be\nexcused.\n\nEvidence Act 1939 31\n","sortOrder":47},{"sectionNumber":"49Z","sectionType":"section","heading":"Privileges, protection and immunity of participants in","content":"49Z Privileges, protection and immunity of participants in\ninterstate proceedings\n(1) A judge or other person presiding at or otherwise taking part in an\ninterstate proceeding has, in connection with evidence being taken\nor submissions being received by audiovisual link or audio link from\na person in the Territory, the same privileges, protection and\nimmunity as a Supreme Court Judge.\n(2) A person appearing as a legal practitioner in an interstate\nproceeding has, in connection with evidence being taken or\nsubmissions being received by audiovisual link or audio link from a\nperson in the Territory, the same protection and immunity as a\nbarrister has in appearing for a party in a proceeding in the\nSupreme Court of the Northern Territory.\n(3) A person appearing as a witness in an interstate proceeding by\naudiovisual link or audio link from the Territory has the same\nprotection as a witness in a proceeding in the Supreme Court of the\nNorthern Territory.\n49ZA Interstate entity may administer oath in Territory\n(1) An officer of an interstate entity may, for the purpose of obtaining in\nthe proceeding, by audiovisual link or audio link, the testimony of a\nperson in the Territory, administer an oath or affirmation in\naccordance with the practice and procedure of the interstate entity.\n(2) Evidence given by a person on oath or affirmation so administered\nis, for the purposes of the law of the Territory, testimony given in a\njudicial proceeding.\n49ZB Assistance to interstate entity\nAn officer of a Territory entity may, at the request of an interstate\nentity:\n(a) attend at the place in the Territory where evidence is to be or\nis being taken, or submissions are to be or are being made, in\nthe proceeding; and\n(b) take the action that the interstate entity directs to facilitate the\nproceeding; and\n(c) assist with the administering by an officer of the interstate\nentity of an oath or affirmation.\n\nEvidence Act 1939 32\n49ZC Contempt of interstate entity\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in contempt of the interstate entity (as\ndefined in section 49ZD) and the person is reckless as to the\nresult.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n49ZD Conduct constituting contempt of interstate entity\n(1) A person's conduct results in contempt of the interstate entity if:\n(a) the interstate entity has made an order requiring the person to\ndo or not do something; and\n(b) the order:\n(i) was made orally to the person during proceedings; or\n(ii) has been served on the person; and\n(c) the person does not comply with the order.\n(2) Also, a person's conduct results in contempt of the interstate entity\nif the person, while evidence is being given or a submission is\nbeing made in the Territory, by audiovisual link or audio link, in an\ninterstate proceeding:\n(a) insults, threatens, intimidates or obstructs the following in\nrelation to the person's performance of functions or exercise\nof powers under this Act:\n(i) a judge or other person presiding at or otherwise taking\npart in the proceeding;\n(ii) an Associate Judge or a Master, Registrar, Deputy\nRegistrar or other officer of the interstate entity who is\ntaking part in or assisting in the proceeding;\n(iii) a person appearing in the proceeding as a legal\npractitioner;\n(iv) a witness in the proceeding;\n\n","sortOrder":48},{"sectionNumber":"Div 1","sectionType":"division","heading":"Taking outside Territory of evidence for Territory proceedings","content":"Division 1 Taking outside Territory of evidence for Territory proceedings\nEvidence Act 1939 33\n(v) a juror in the proceeding; or\n(b) interrupts, obstructs or hinders a proceeding of the interstate\nentity; or\n(c) engages in any other conduct that, under a law of the\nTerritory, would constitute contempt in the face of the court if\nthe interstate proceeding were a Territory proceeding.\nDivision 1 Taking outside Territory of evidence for Territory\nproceedings\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Order for taking of evidence","content":"50 Order for taking of evidence\n(1) This section applies to any proceeding before the Supreme Court\nor the Local Court, other than a proceeding in which the court in\nquestion is exercising jurisdiction conferred on or vested in it by an\nAct of the Commonwealth.\n(2) Where on the application of a party to any proceeding to which this\nsection applies it appears to the court that it is in the interests of\njustice to do so, the court may in its discretion make in relation to a\nperson outside the Territory an order:\n(a) for the examination of the person on oath at any place outside\nthe Territory before a judge or justice of the peace, an officer\nof the court, or such other person as the court may appoint; or\n(b) for the issue of a commission for the examination of the\nperson on oath at any place outside the Territory; or\n(c) for the issue to an appropriate judicial authority of a place\noutside the Territory of a letter of request to take, or cause to\nbe taken, the person's evidence.\n(3) In subsection (2)(c):\nappropriate judicial authority means:\n(a) in relation to a place in Australia (including a place in any\nexternal Territory of the Commonwealth for the government of\nwhich as a Territory provision is made by any Act of the\nCommonwealth) – a court or authority prescribed as such for\nthat place; and\n(b) in relation to any other place – an authority appearing to the\ncourt to be appropriate having regard to the law of that place.\n\nDivision 1 Taking outside Territory of evidence for Territory proceedings\nEvidence Act 1939 34\n(4) In determining whether it is in the interests of justice to make an\norder under subsection (2) in relation to the taking of evidence of a\nperson, the matters to which the court shall have regard include:\n(a) whether the person is willing or able to come to the Territory\nto give evidence in the proceeding; and\n(b) whether the person will be able to give evidence material to\nany issue to be tried in the proceeding; and\n(c) whether, having regard to the interests of the parties to the\nproceeding, justice will be better served by granting the order\nor refusing it.\n(5) Where a court makes an order within subsection (2)(a) or (b), it\nmay in its discretion (at the time of making the order or at a\nsubsequent time) give such directions as it thinks just relating to the\nprocedure to be followed in and in relation to the examination,\nincluding directions as to the time, place and manner of the\nexamination and any other matter that the court thinks relevant.\n(6) Where a court makes an order within subsection (2)(c), it may in its\ndiscretion include in the order a request as to any matter relating to\nthe taking of the person's evidence, including:\n(a) the examination, cross-examination or re-examination of the\nperson, whether his or her evidence is given orally, upon\naffidavit or otherwise; and\n(b) the attendance of the legal representative of each party to the\nproceeding in which the order is made, and the participation of\nthose persons in the examination in appropriate\ncircumstances; and\n(c) any prescribed matter.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Admissibility of evidence","content":"51 Admissibility of evidence\n(1) Subject to subsection (2), the court by which an order is made\nunder section 50(2) may on such terms as it thinks fit permit a party\nto the proceeding in which the order is made to tender as evidence\nin the proceeding:\n(a) the evidence of a person taken in an examination held as a\nresult of the order; or\n(b) a record of that evidence.\n\nEvidence Act 1939 35\n(2) Evidence of a person so tendered is not admissible if:\n(a) it appears to the satisfaction of the court at the hearing of the\nproceeding that the person is in the Territory and able to\nattend the hearing; or\n(b) the evidence would not have been admissible had it been\ngiven or produced at the hearing of the proceeding.\n(3) Where it is in the interests of justice to do so, the court may in its\ndiscretion exclude from a proceeding evidence taken in an\nexamination held as a result of an order under section 50(2),\nnotwithstanding that the evidence is otherwise admissible.\n(4) This section does not affect the power of a court in a criminal\nproceeding to exclude evidence that has been obtained illegally or\nwould, if admitted, operate unfairly against the defendant.\n(5) In this section:\nexamination includes any proceeding for the taking of a person's\nevidence conducted in relation to a letter of request issued\npursuant to an order within section 50(2)(c), and a reference to\nevidence taken in an examination includes a reference to:\n(a) a document produced at the examination; and\n(b) answers made, whether in writing or orally and reduced to\nwriting, to any written interrogatories presented at the\nexamination.\n","sortOrder":51},{"sectionNumber":"Div 2","sectionType":"division","heading":"Taking within Territory of evidence for proceedings","content":"Division 2 Taking within Territory of evidence for proceedings\nelsewhere\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Application to Supreme Court for order to obtain evidence","content":"52 Application to Supreme Court for order to obtain evidence\n(1) Where an application is made to the Supreme Court for an order\nfor evidence to be obtained in the Territory, and the Supreme Court\nis satisfied:\n(a) that the application is made in pursuance of a request issued\nby or on behalf of a court or tribunal exercising jurisdiction in a\nplace outside the Territory, and relates to evidence to be\nobtained for the purposes of proceedings in a civil or\ncommercial matter which have been instituted before that\ncourt or tribunal, or whose institution before that court or\ntribunal is contemplated; or\n\nEvidence Act 1939 36\n(b) that the application is made in pursuance of a request issued\nby or on behalf of a court of a place elsewhere in Australia\n(including a place in any external Territory of the\nCommonwealth for the government of which as a Territory\nprovision is made by any Act of the Commonwealth), or by or\non behalf of a court in New Zealand, and relates to evidence\nto be obtained for the purposes of proceedings in relation to\nthe commission of an offence or alleged offence which have\nbeen instituted in or before that court, or whose institution in\nor before that court is contemplated;\nthe Supreme Court may give effect to the application in accordance\nwith section 53.\n(2) The references in subsection (1) to a request issued by or on\nbehalf of a court or tribunal include references to any commission,\norder or other process so issued.\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Power of Supreme Court to give effect to application","content":"53 Power of Supreme Court to give effect to application\n(1) The Supreme Court has power on any such application as is\nmentioned in section 52(1) to make by order such provision for\nobtaining evidence in the Territory as may appear to the Supreme\nCourt to be appropriate for the purpose of giving effect to the\nrequest in pursuance of which the application is made.\n(2) An order under this section may require a specified person to take\nsuch steps as the Supreme Court may consider appropriate for that\npurpose.\n(3) Without limiting the generality of subsections (1) and (2), an order\nunder this section may in particular make provision for:\n(a) the examination of witnesses, either orally or in writing; and\n(b) the production of documents; and\n(c) the inspection, photographing, preservation, custody or\ndetention of any property, the taking of samples of any\nproperty, and the carrying out of any experiments on or with\nany property (property including in this paragraph any land,\nchattel or other corporeal property of any description); and\n(d) the medical examination of any person; and\n(e) without limiting paragraph (d), the taking and testing of\nsamples of blood from any person.\n(4) An order under this section shall not require any particular steps to\nbe taken unless they are steps which can be required to be taken\n\nEvidence Act 1939 37\nby way of obtaining evidence for the purposes of proceedings in the\nSupreme Court (whether or not proceedings of the same\ndescription as those to which the application for the order relates).\n(5) Subsection (4) does not preclude the making of an order requiring\na person to give testimony (either orally or in writing) otherwise than\non oath, where this is asked for by the court or tribunal pursuant to\nwhose request the application for the order was made.\n(6) An order under this section shall not require a person:\n(a) to state what documents relevant to the proceedings to which\nthe application for the order relates are or have been in his or\nher possession, custody or power; or\n(b) to produce any documents other than particular documents\nspecified in the order and appearing to the Supreme Court to\nbe, or to be likely to be, in his or her possession, custody or\npower.\n(7) If an order under this section requires a person to attend at a place:\n(a) section 194 of the Evidence (NUL) Act applies as if the order\nwere a summons to attend; and\n(b) the person is entitled to payment for other expenses and loss\nof time on attendance as a witness in a proceeding before the\nSupreme Court.\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Privilege of witnesses","content":"54 Privilege of witnesses\n(1) A person shall not be compelled by virtue of an order under\nsection 53 to give any evidence which he or she could not be\ncompelled to give:\n(a) in similar proceedings in the Territory; or\n(b) in similar proceedings in the place in which jurisdiction is\nexercised by the court or tribunal pursuant to whose request\nthe application for the order was made.\n(2) Subsection (1)(b) does not apply unless the claim of the person in\nquestion to be exempt from giving evidence is:\n(a) supported (whether unconditionally or subject to conditions\nthat are fulfilled) by a statement contained in the request; or\n(b) conceded by the applicant for the order.\n\nEvidence Act 1939 38\n(3) Where such a claim by a person is not so supported or conceded,\nhe or she may (subject to the other provisions of this section) be\nrequired to give the evidence to which the claim relates, but that\nevidence shall not be transmitted to the court or tribunal in question\nif that court or tribunal, on the matter being referred to it, upholds\nthe claim.\n(4) In this section, references to giving evidence include references to\nanswering any question and producing any document, and the\nreference in subsection (3) to the transmission of evidence given by\na person shall be construed accordingly.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Misleading testimony","content":"55 Misleading testimony\n(1) A person who, in giving any testimony (either orally or in writing)\notherwise than on oath where required to do so by an order under\nsection 53, commits an offence if:\n(a) the person intentionally gives testimony to the court or\ntribunal; and\n(b) the person knows the testimony is misleading.\nMaximum penalty: Imprisonment for 14 years.\nmisleading, in relation to testimony, means testimony that is\nmisleading in a material particular or because of the omission of a\nmaterial particular.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Definitions","content":"56 Definitions\ncommittal proceedings means a preliminary examination under\nPart V of the Local Court (Criminal Procedure) Act 1928.\n\nEvidence Act 1939 39\nconfidential communication means:\n(a) a communication, whether oral or written, made in confidence\nby a victim to a counsellor or to a victim by a counsellor in the\ncourse of the relationship of counsellor and client and\nincludes:\n(i) a communication that is not made in connection with the\nsexual offence or alleged sexual offence or a condition\narising from the sexual offence or alleged sexual\noffence; and\n(ii) a communication made in the presence of a parent or\ncarer of the victim or any other person who is present to\nfacilitate communication between the victim and the\ncounsellor or to otherwise further the counselling of the\nvictim; or\n(b) a communication, whether oral or written, made about the\nvictim to the counsellor by the parent, carer or other person\nreferred to in paragraph (a)(ii) or by the counsellor to the\nparent, carer or other person; or\n(c) a communication referred to in paragraph (a) or (b) that is\nmade before or after the acts constituting the sexual offence\ncommitted against the victim occurred or are alleged to have\noccurred; or\n(d) a record (including an electronic record) kept by a party to a\nconfidential communication or any other person of the\nconfidential communication or of any observation, opinion,\nadvice, recommendation or other matter relating to the\nconfidential communication; or\n(e) part of a confidential communication.\ncounsellor means a person who is treating a victim for an\nemotional, psychological or psychiatric condition.\nharm includes physical bodily harm, financial loss, stress or shock,\ndamage to reputation or shame, humiliation, fear or other\nemotional, psychological or psychiatric harm.\nparty to a confidential communication means:\n(a) the victim to whom the confidential communication relates; or\n(b) the counsellor to whom or by whom the confidential\ncommunication is made; or\n\nEvidence Act 1939 40\n(c) a parent, carer or other person referred to in paragraph (a)(ii)\nof the definition of confidential communication.\nvictim means a victim or alleged victim of a sexual offence.\n","sortOrder":57},{"sectionNumber":"56A","sectionType":"section","heading":"Application of Part","content":"56A Application of Part\n(1) Subject to subsection (2), this Part applies in relation to a\nconfidential communication whenever made.\n(2) This Part applies in relation to the following criminal proceedings:\n(a) committal proceedings in respect of a sexual offence;\n(b) the hearing of a charge for a sexual offence;\n(c) a trial in respect of a sexual offence;\nwhere those proceedings are commenced after the\ncommencement of this Part, regardless of when the offence is\nalleged to have been committed.\n(3) For the purposes of subsection (2):\n(a) committal proceedings commence on the committal mention\ndate; and\n(b) the hearing of a charge commences on the taking of a formal\nplea from the accused; and\n(c) a trial commences on the arraignment of the accused.\n","sortOrder":58},{"sectionNumber":"56B","sectionType":"section","heading":"Protection of confidential communications","content":"56B Protection of confidential communications\n(1) A confidential communication is a privileged communication to the\nextent provided by this section.\n(2) Evidence that discloses a confidential communication:\n(a) is not to be subject to discovery or any other form of\npre-hearing or pre-trial disclosure or inspection; and\n(b) is not admissible in committal proceedings; and\n(c) is not to be adduced or produced as evidence at the hearing\nof a charge or at a trial except with the leave of the court.\n\nEvidence Act 1939 41\n","sortOrder":59},{"sectionNumber":"56C","sectionType":"section","heading":"Notice of intention to apply for leave to adduce or produce","content":"56C Notice of intention to apply for leave to adduce or produce\nevidence of confidential communication\nA party to criminal proceedings who intends to apply for leave to\nadduce or produce evidence of a confidential communication must\ngive reasonable notice in writing of that intention to:\n(a) the court; and\n(b) each other party to the proceedings; and\n(c) each party to the confidential communication who is not a\nparty to the proceedings.\n","sortOrder":60},{"sectionNumber":"56D","sectionType":"section","heading":"Procedural matters relating to application for leave","content":"56D Procedural matters relating to application for leave\n(1) An application for leave to adduce or produce evidence of a\nconfidential communication is to be heard in the absence of the jury\n(if any).\n(2) A party to the confidential communication may appear at the\nhearing of the application for leave if the party:\n(a) is not also a party to the criminal proceedings in which the\nevidence is sought to be adduced or produced; and\n(b) is unlikely to be a witness in those proceedings; and\n(c) is given leave by the court to appear at the hearing.\n(3) If the evidence to which the application for leave relates is a\ndocument or record, the court may order that the document or\nrecord be produced to it and may inspect the document or record\nbut the court must not make the document or record available to, or\ndisclose its contents to, the applicant for leave.\n(4) For the purposes of determining the application for leave, the court\nmay order the counsellor:\n(a) to provide written answers to questions; or\n(b) to produce documents or records relating to the confidential\ncommunication; or\n(c) to appear for oral examination.\n(5) Evidence that is not to be adduced or produced in a criminal\nproceeding because of section 56A(2) is not admissible in the\nhearing of an application for leave.\n\nEvidence Act 1939 42\n","sortOrder":61},{"sectionNumber":"56E","sectionType":"section","heading":"Giving leave to adduce or produce evidence of confidential","content":"56E Giving leave to adduce or produce evidence of confidential\ncommunication\n(1) A court must not give leave to adduce or produce evidence of a\nconfidential communication unless satisfied:\n(a) that the evidence will, either by itself or together with other\nevidence that has been or will be adduced or produced, have\nsubstantial probative value in respect of a fact in issue; and\n(b) that other evidence of a similar or greater probative value in\nrespect of the matters to which the confidential\ncommunication relates is not available; and\n(c) that the public interest in preserving the confidentiality of\nconfidential communications and protecting the victim from\nharm is substantially outweighed by the public interest in\nadmitting into evidence information, or the contents of a\ndocument or record, that is of substantial probative value.\n(2) Without limiting the matters the court may take into account for the\npurposes of subsection (1)(c), the court must take into account the\nlikelihood, nature and extent of the harm that could be caused to\nthe victim if the evidence is adduced or produced.\n(3) In giving leave to adduce or produce evidence of a confidential\ncommunication, the court may:\n(a) allow evidence of part only of the confidential communication\nto be adduced or produced; or\n(b) specify the manner in which the evidence is to be adduced or\nproduced.\n(4) The court must state its reasons for giving or refusing to give leave\nto adduce or produce evidence of a confidential communication.\n","sortOrder":62},{"sectionNumber":"56F","sectionType":"section","heading":"Limitation on privilege under this Part","content":"56F Limitation on privilege under this Part\n(1) Nothing in this Part prevents the adducing or producing of:\n(a) evidence with the consent of a victim or, if the victim is under\n14 years of age, the consent of a person the court considers\nappropriate to give consent; or\n(b) evidence of information acquired by a medical practitioner or a\nregistered nurse from a physical examination of a victim in\nconnection with the commission or alleged commission of the\nsexual offence, including evidence of communications\nbetween the practitioner or nurse and the victim during the\n\nEvidence Act 1939 43\nexamination; or\n(c) evidence of a criminal fraud or perjury.\nregistered nurse means a person registered under the Health\nPractitioner Regulation National Law:\n(a) to practise in the nursing profession (other than as a student);\nand\n(b) in the registered nurses division of that profession.\n","sortOrder":63},{"sectionNumber":"56G","sectionType":"section","heading":"Ancillary orders where evidence of confidential","content":"56G Ancillary orders where evidence of confidential\ncommunication to be adduced or produced\n(1) Where the leave of the court or consent under section 56F(a) is\ngiven to adduce or produce evidence of a confidential\ncommunication, the court may take action to limit the harm likely to\nbe caused to the victim or any other person because of the\ndisclosure of the confidential communication.\n(2) The action the court may take includes but is not limited to making\none or more of the following orders:\n(a) an order that all or part of the evidence of the confidential\ncommunication be adduced or produced in camera;\n(b) an order relating to the production and inspection of a\ndocument that in the opinion of the court is necessary to\nprotect the safety and welfare of the victim, the counsellor or\nany other person who was a party to the confidential\ncommunication;\n(c) an order relating to the suppression of publication of all or part\nof the evidence of the confidential communication that in the\nopinion of the court is necessary to protect the safety and\nwelfare of the victim, the counsellor or any other person who\nwas a party to the confidential communication;\n(d) an order relating to the disclosure of information about the\nvictim, the counsellor or any other person who was a party to\nthe confidential communication (including information that\nenables a person to ascertain the party's private, business or\nofficial address, email address or telephone number) that in\nthe opinion of the court is necessary to protect the party's\nsafety and welfare.\n\nEvidence Act 1939 44\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Prohibition of the publication of evidence and of names of","content":"57 Prohibition of the publication of evidence and of names of\nparties and witnesses\n(1) Where it appears to any court:\n(a) that the publication of any evidence given or used or intended\nto be given or used, in any proceeding before the court, is\nlikely to offend against public decency; or\n(b) that, for the furtherance of, or otherwise in the interests of, the\nadministration of justice, it is desirable to prohibit the\npublication of the name of any party or intended party to, or\nwitness or intended witness in, the proceeding;\nthe court may, either before or during the course of the proceeding\nor thereafter, make an order:\n(i) directing that the persons specified (by name or\notherwise) by the court, or that all persons, except the\npersons so specified, shall absent themselves from the\nplace wherein the Court is being held while the evidence\nis being given; or\n(ii) forbidding the publication of the evidence, or any\nspecified part thereof, or of any report or account of the\nevidence, or any specified part thereof, either absolutely\nor subject to such conditions, or in such terms or form,\nor in such manner, or to such extent, as the court\napproves; or\n(iii) forbidding the publication of the name of any such party\nor witness.\n(2) Where the court makes an order under subsection (1)(iii), the\npublication of any reference or allusion to any party or witness, the\nname of whom is by the order forbidden to be published, shall, if\nthe reference or allusion is, in the opinion of the court hearing the\ncomplaint for the alleged offence, intended or is sufficient to\ndisclose the identity of the party or witness, be deemed to be a\npublication of the name of the party or witness.\n\nEvidence Act 1939 45\n(3) When the court makes an order under subsection (1)(ii) or (iii),\nforbidding the publication of any evidence or any report or account\nof any evidence, or the publication of any name, the court shall\nreport the fact to the Director of Public Prosecutions, and shall\nembody in its report a statement of:\n(a) the evidence or name, as the case may be, by the order\nforbidden to be published; and\n(b) the circumstances in which the order was made.\n","sortOrder":65},{"sectionNumber":"58","sectionType":"section","heading":"Temporary prohibition of the publication of evidence where","content":"58 Temporary prohibition of the publication of evidence where\nwitnesses ordered out of court\nWhere, in the course of any proceeding before any court, witnesses\nare ordered out of court, and it appears to the court that, for the\nfurtherance or otherwise in the interests of the administration of\njustice, it is desirable to prohibit for any period the publication of\nany evidence given or used in the proceeding, the court may make\nan order forbidding, for such period as the court thinks fit, the\npublication of the evidence or any specified part thereof.\n","sortOrder":66},{"sectionNumber":"59","sectionType":"section","heading":"Contravention of order","content":"59 Contravention of order\nA person to whom an order under section 57 or 58 relates commits\nan offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in a contravention of the order and the\nperson is reckless as to the result.\nMaximum penalty: 40 penalty units or imprisonment for\n12 months.\n","sortOrder":67},{"sectionNumber":"62","sectionType":"section","heading":"Proof of public place in certain cases","content":"62 Proof of public place in certain cases\n(1) Whenever in any proceeding in the Local Court, in respect of any\noffence, it is an essential ingredient of the offence that the place\n(where any fact or matter occurred or was done) should be a public\nplace, an allegation, in the complaint or information, that the place\n(specified as that in which the fact or matter charged occurred or\nwas done) was a public place, shall be prima facie evidence that\nthe place was a public place.\n\nDivision 1 Transitional matters for Evidence Legislation (Authorised Persons)\nAmendment Act 2009\nEvidence Act 1939 46\n(2) The court may, if it thinks fit, and at any stage of the proceeding,\npermit evidence to be called with respect to the question whether\nthe place was a public place.\n","sortOrder":68},{"sectionNumber":"62A","sectionType":"section","heading":"Proof of place being within local government area etc.","content":"62A Proof of place being within local government area etc.\n(1) In any complaint or information an allegation that any place is\nwithin a local government area or a town is prima facie evidence of\nthe fact so alleged.\nplace includes:\n(a) any place, public or private, however described in the\ncomplaint or information; and\n(b) the whole or any part of:\n(i) a street, road or other thoroughfare; or\n(ii) a building or structure.\n","sortOrder":69},{"sectionNumber":"65","sectionType":"section","heading":"Regulations","content":"65 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\nDivision 1 Transitional matters for Evidence Legislation\n(Authorised Persons) Amendment Act 2009\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Savings – authorised officers","content":"66 Savings – authorised officers\n(1) An act of a person purportedly done as an authorised person\nbecause of an approval mentioned in the repealed regulation is\ntaken to have been validly done by an authorised person for\nPart IIA of this Act.\n(2) The amendments made to this Act by the Evidence Legislation\n(Authorised Persons) Amendment Act 2009 do not affect any\ndecision of a court made before the commencement of this section.\n\nDivision 2 Transitional matters for Evidence (National Uniform Legislation)\n(Consequential Amendments) Act 2012\nEvidence Act 1939 47\n(3) In this section:\nrepealed regulation means regulation 4 of the Evidence\nRegulations 1991 as in force before its repeal by section 7 of the\nEvidence Legislation (Authorised Persons) Amendment Act 2009.\nDivision 2 Transitional matters for Evidence (National\nUniform Legislation) (Consequential Amendments)\nAct 2012\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Definitions","content":"67 Definitions\ncommencement day means the day on which section 4 of the\nEvidence (NUL) Act commences.\nConsequentials Act means the Evidence (National Uniform\nLegislation) (Consequential Amendments) Act 2012.\nproceeding includes part of a proceeding or something relating to\na proceeding.\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Application of this Act linked to application of Evidence (NUL)","content":"68 Application of this Act linked to application of Evidence (NUL)\nAct\n(1) If the Evidence (NUL) Act applies in relation to a proceeding, this\nAct, as amended by the Consequentials Act, applies in relation to\nthe proceeding.\n(2) If the Evidence (NUL) Act does not apply in relation to a\nproceeding, this Act as in force immediately before the\ncommencement day applies in relation to the proceeding as if the\nConsequentials Act had not commenced.\n(3) If subsection (2) applies in relation to a proceeding, any law\namended or repealed by Part 4 or 5 of the Consequentials Act that\nis relevant to the proceeding continues to apply in relation to the\nproceeding as it was in force immediately before the\ncommencement day as if the Consequentials Act had not\ncommenced.\nNote for section 68\nChapter 6, and in particular section 199, of the Evidence (NUL) Act sets out the\nproceedings in relation to which the Evidence (NUL) Act does and does not apply.\n\nDivision 3 Justice Legislation Amendment (Vulnerable Witnesses) Act 2016\nEvidence Act 1939 48\nDivision 3 Justice Legislation Amendment (Vulnerable\nWitnesses) Act 2016\n69 Definitions\namending Act means the Justice Legislation Amendment\n(Vulnerable Witnesses) Act 2016.\ncommencement day means the commencement of Part 3 of the\n","sortOrder":73},{"sectionNumber":"70","sectionType":"section","heading":"Proceeding already commenced","content":"70 Proceeding already commenced\n(1) If a proceeding commenced before the commencement day, the\namending Act applies to that part of the proceeding that takes place\non or after the commencement day.\n(2) However, subsection (1) does not apply in relation to a trial or\nhearing in the proceeding that commenced before the\ncommencement day and:\n(a) continued on or after the commencement day; or\n(b) was adjourned until the commencement day or after the\ncommencement day.\n(3) The provisions of this Act, as in force immediately before the\ncommencement, apply to a trial or hearing mentioned in\nsubsection (2).\n","sortOrder":74},{"sectionNumber":"71","sectionType":"section","heading":"Offence provisions – before and after commencement day","content":"71 Offence provisions – before and after commencement day\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement\nday.\n(2) The offence provisions, as in force before the commencement day,\ncontinue to apply in relation to offences committed before the\ncommencement day.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement day, the offence is taken to\nhave been committed before the commencement day.\n\n","sortOrder":75},{"sectionNumber":"Div 5","sectionType":"division","heading":"Justice Legislation Amendment (Domestic and Family Violence) Act 2023","content":"Division 5 Justice Legislation Amendment (Domestic and Family Violence) Act 2023\nEvidence Act 1939 49\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences committed against this Act (including in relation to\ncriminal responsibility, defences and penalties).\n","sortOrder":76},{"sectionNumber":"Div 4","sectionType":"division","heading":"Evidence and Other Legislation Amendment","content":"Division 4 Evidence and Other Legislation Amendment\nAct 2020\n","sortOrder":77},{"sectionNumber":"72","sectionType":"section","heading":"Proceeding already commenced","content":"72 Proceeding already commenced\n(1) If a proceeding commenced before the commencement, this Act as\namended by the amending Act applies to that part of the\nproceeding that takes place on or after the commencement.\n(2) However, subsection (1) does not apply in relation to a trial or\nhearing, including a preliminary examination under Part V of the\nLocal Court (Criminal Procedure) Act 1928, in the proceeding that\ncommenced before the commencement and:\n(a) continued on or after the commencement; or\n(b) was adjourned until the commencement or after the\ncommencement.\n(3) The provisions of this Act, as in force immediately before the\ncommencement, apply to a trial or hearing mentioned in\nsubsection (2).\n(4) In this section:\namending Act means the Evidence and Other Legislation\nAmendment Act 2020.\ncommencement means the commencement of Part 4 of the\nDivision 5 Justice Legislation Amendment (Domestic and\nFamily Violence) Act 2023\n","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Definitions","content":"73 Definitions\namending Act means the Justice Legislation Amendment\n(Domestic and Family Violence) Act 2023.\n\nDivision 5 Justice Legislation Amendment (Domestic and Family Violence) Act 2023\nEvidence Act 1939 50\ncommencement means the commencement of Part 5 of the\n","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Application of section 21GA","content":"74 Application of section 21GA\nSection 21GA applies in relation to a proceeding in which the\nhearing commences after the commencement.\n","sortOrder":80},{"sectionNumber":"75","sectionType":"section","heading":"Application of amendment to section 21J","content":"75 Application of amendment to section 21J\n(1) Section 21J, as amended by the amending Act, applies only in\nrelation to a proceeding in which the hearing commences after the\ncommencement.\n(2) Section 21J, as in force immediately before the commencement,\ncontinues to apply in relation to a proceeding in which the hearing\ncommenced before the commencement.\n\nEvidence Act 1939 51\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEvidence Ordinance 1939 (Act No. 18, 1939)\nAssent date 3 August 1939\nCommenced 3 August 1939\nEvidence Ordinance (No. 2) 1939 (Act No. 24, 1939)\nAssent date 16 November 1939\nCommenced 16 November 1939 (s 2)\nEvidence Ordinance 1960 (Act No. 1, 1961)\nAssent date 8 February 1961\nCommenced 8 February 1961\nEvidence Ordinance 1965 (Act No. 64, 1965)\nAssent date 17 December 1965\nCommenced 14 February 1966 (s 2)\nEvidence Ordinance 1967 (Act No. 30, 1967)\nAssent date 23 August 1967\nCommenced 23 August 1967\nEvidence Ordinance 1970 (Act No. 47, 1970)\nAssent date 3 December 1970\nCommenced 18 Dec 1970 (s 2, s 2 Records of Depositions Ordinance 1970\n(Act No. 44, 1970) and Gaz No. 50A, 18 December 1970,\np 365)\n\nEvidence Act 1939 52\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nTransfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51, 1977)\nAssent date 9 December 1977\nCommenced 1 January 1978 (s 2)\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 8)\nLaw Officers Ordinance 1978 (Act No. 61, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978\nStatute Law Revision Act (No. 2) 1979 (Act No. 128, 1979)\nAssent date 15 October 1979\nCommenced 15 October 1979\nEvidence Amendment Act 1982 (Act No. 23, 1982)\nAssent date 27 April 1982\nCommenced 27 April 1982\nEvidence (Criminal Code) Amendment Act 1983 (Act No. 61, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n","sortOrder":81},{"sectionNumber":"26","sectionType":"section","heading":"February 1986, p 5)","content":"26 February 1986, p 5)\nEvidence Amendment Act 1984 (Act No. 20, 1984)\nAssent date 12 July 1984\nCommenced 1 August 1984 (Gaz S40, 1 August 1984)\nStatute Law Revision Act 1985 (Act No. 49, 1985)\nAssent date 1 October 1985\nCommenced 1 October 1985\nLaw Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)\nAssent date 10 December 1986\nCommenced 19 December 1986 (Gaz S87, 17 December 1986)\n\nEvidence Act 1939 53\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions\nAct 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991,\np 9)\nEvidence Amendment Act 1990 (Act No. 36, 1990)\nAssent date 22 June 1990\nCommenced 9 July 1990 (Gaz S42, 6 July 1990)\nFinancial Institutions (NT) (Consequential Amendments) Act 1992 (Act No. 23, 1992)\nAssent date 2 June 1992\nCommenced 1 July 1992 (s 2, s 2 Financial Institutions (NT) Act 1992 (Act\nNo. 22, 1992) and Gaz S35, 30 June 1992)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83,\n1993) and Gaz S35, 20 May 1994)\nEvidence Amendment Act 1994 (Act No. 3, 1994)\nAssent date 16 March 1994\nCommenced 1 August 1994 (Gaz G29, 20 July 1994, p 2)\nEvidence Amendment Act (No. 2) 1994 (Act No. 16, 1994)\nAssent date 14 April 1994\nCommenced 1 August 1994 (Gaz G29, 20 July 1994, p 2)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nEvidence Amendment Act 1999 (Act No. 20, 1999)\nAssent date 5 May 1999\nCommenced 16 June 1999 (Gaz G23, 16 June 1999, p 2)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nEvidence Amendment Act 2001 (Act No. 37, 2001)\nAssent date 19 July 2001\nCommenced 26 September 2001 (Gaz G38, 26 September 2001, p 4)\n\nEvidence Act 1939 54\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nEvidence Amendment Act 2003 (Act No. 43, 2003)\nAssent date 7 July 2003\nCommenced 1 January 2004 (Gaz G50, 17 December 2003, p 2)\nEvidence Reform (Children and Sexual Offences) Act 2004 (Act No. 56, 2004)\nAssent date 4 November 2004\nCommenced 8 December 2004 (Gaz G49, 8 December 2004, p 3)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nAntisocial Behaviour (Miscellaneous Amendments) Act 2006 (Act No. 2, 2006)\nAssent date 8 March 2006\nCommenced 14 June 2006 (Gaz G24, 14 June 2006, p 3)\nEvidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32,\n2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nEvidence of Children Amendment Act 2007 (Act No. 16, 2007)\nAssent date 18 September 2007\nCommenced 10 October 2007 (Gaz G41, 10 October 2007, p 4)\nCare and Protection of Children Act 2007 (Act No. 37, 2007)\nAssent date 12 December 2007\nCommenced Ch 1 and pts 3.3 and 5.1: 7 May 2008 (Gaz G18, 7 May 2008,\np 4); Ch 2 (exc pt 2.1, div 6 and s 127), Ch 3, pts 3.1 and 3.2\n(exc s 187) and Ch 5, pts 5.2 to 5.6: 8 December 2008 (Gaz\nG47, 26 November 2008, p 6); Ch 4: 9 June 2009 (Gaz S27,\n1 June 2009); Ch 2, pt 2.1, div 6: 18 August 2010 (Gaz S43,\n","sortOrder":82},{"sectionNumber":"18","sectionType":"section","heading":"August 2010); s 187: 1 July 2011 (Gaz S32, 20 June 2011);","content":"18 August 2010); s 187: 1 July 2011 (Gaz S32, 20 June 2011);\ns 127: nc\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nEvidence Legislation (Authorised Persons) Amendment Act 2009 (Act No. 4, 2009)\nAssent date 12 March 2009\nCommenced ss 3 and 4(1): 16 October 2007; rem: 12 March 2009 (s 2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\n\nEvidence Act 1939 55\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nAlcohol Reform (Substance Misuse Assessment and Referral for Treatment Court) Act\n2011 (Act No. 19, 2011)\nAssent date 20 May 2011\nCommenced 1 July 2011 (Gaz G23, 8 June 2011, p 6)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nJustice Legislation Amendment (Vulnerable Witnesses) Act 2016 (Act No. 2, 2016)\nAssent date 2 March 2016\nCommenced 23 March 2016 (Gaz G12, 23 March 2016, p 6)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nJustice Legislation Amendment (Body-worn Video and Domestic Violence Evidence)\nAct 2017 (Act No. 6, 2017)\nAssent date 5 April 2017\nCommenced s 6 (ext ins ss 21H to 21R) and pt 4: 2 August 2017 (Gaz S55,\n2 August 2017); rem: 26 April 2017 (Gaz G17, 26 April 2017,\np 6)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\n\nEvidence Act 1939 56\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nEvidence and Other Legislation Amendment Act 2020 (Act No. 3, 2020)\nAssent date 9 March 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 1)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33,\n2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nAmending Legislation\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nBail Legislation Amendment Act 2024 (Act No. 16, 2024)\nAssent date 29 October 2024\nCommenced 6 January 2025 (Gaz S111, 23 December 2024)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 5 Evidence Amendment Act 2003 (Act No. 43, 2003)\ns 18 Evidence Reform (Children and Sexual Offences) Act 2004 (Act No. 56,\n2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 2, 8, 9, 14, 17, 21, 26A, 26D, 26H, 26J, 28, 29, 33, 37, 38, 42A 42B, 44,\n45, 47, 48, 51, 52, 54, 55, 56, 57 and 59 and First Schedule.\n\nEvidence Act 1939 57\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 21A, 21J, 24, 26E, 53, 56\nand 66.\n6 LIST OF AMENDMENTS\nlt amd No. 36, 1990, s 22; No. 23, 2012, s 6\npt 1 hdg sub No. 23, 2012, s 7\ns 1 amd No. 36, 1990, s 22\ns 2 rep No. 23, 2012, s 8\ns 3 rep No. 128, 1979, s 37\ns 4 amd No. 30, 1967, s 2; No. 36, 1990, ss 4 and 22; No. 23, 1992, s 4; No. 37,\n2001, s 3; No. 38, 2002, s 6; No. 32, 2006, s 3; No. 23, 2012, s 9; No. 2,\n2016, s 9; No. 6, 2017, s 4; No. 3, 2020, s 15\ns 5 amd No. 36, 1990, s 22\nsub No. 23, 2012, s 10\npt II hdg rep No. 23, 2012, s 10\ns 6 amd No. 17, 1996, s 6\nsub No. 23, 2012, s 10\ns 6A ins No. 2, 2016, s 10\npt 2 hdg ins No. 23, 2012, s 10\ns 7 amd No. 36, 1990, s 22\ns 8 sub No. 1, 1961, s 2\ns 9 amd No. 61, 1983, s 4; No. 36, 1990, s 22; No. 17, 1996, s 6\ns 9A ins No. 24, 1939, s 2\namd No. 1, 1961, s 3\nrep No. 30, 1967, s 3\ns 9B ins No. 24, 1939, s 2\nrep No. 30, 1967, s 3\ns 9C ins No. 24, 1939, s 2\nsub No. 3, 1994, s 3\namd No. 27, 1999, s 15\ns 10 amd No. 36, 1990, s 22\ns 11 amd No. 61, 1978, s 4\nrep No. 61, 1983, s 5\ns 12 amd No. 23, 2012, s 11\ns 13 amd No. 36, 1990, s 22\nss 14 – 15 rep No. 23, 2012, s 12\ns 16 amd No. 36, 1990, s 22\nsub No. 56, 2004, s 4\ns 17 sub No. 36, 1990, s 5\namd No. 12, 2010, s 3\nss 18 – 19 rep No. 23, 2012, s 12\ns 20 amd No. 47, 1970, s 3\n\nEvidence Act 1939 58\ns 20A ins No. 32, 2006, s 4\ns 21 sub No. 36, 1990, s 6; No. 32, 2006, s 4\npt IIA hdg ins No. 16, 1994, s 3\nrep No. 23, 2012, s 13\npt 3 hdg ins No. 23, 2012, s 13\ns 21AA ins No. 3, 2020, s 16\namd No. 20, 2023, s 54; No. 16, 2024, s 18\ns 21AB ins No. 3, 2020, s 16\ns 21A ins No. 16, 1994, s 3\namd No. 37, 2001, s 5; No. 56, 2004, s 5; No. 33, 2005, s 5; No. 16, 2007,\ns 9; No. 4, 2009, s 4; No. 23, 2012, s 28; No. 2, 2016, s 11; No. 6, 2017, s 5;\nNo. 3, 2020, s 17\ns 21B ins No. 16, 1994, s 3\namd No. 37, 2001, s 6\nsub No. 56, 2004, s 6; No. 16, 2007, s 10\namd No. 23, 2012, s 28; No. 2, 2016, s 12\ns 21C ins No. 16, 1994, s 3\namd No. 37, 2001, s 7\nsub No. 16, 2007, s 10\namd No. 23, 2012, s 28; No. 2, 2016, s 13\ns 21D ins No. 56, 2004, s 7\namd No. 16, 2007, s 11; No. 23, 2012, s 28; No. 2, 2016, s 14\nss 21E – 21F ins No. 16, 2007, s 12\npt 3A hdg ins No. 6, 2017, s 6\ns 21G ins No. 6, 2017, s 6\ns 21GA ins No. 33, 2023, s 51\ns 21H ins No. 6, 2017, s 6\ns 21J ins No. 6, 2017, s 6\namd No. 33, 2023, s 52\nss 21K – 21Q ins No. 6, 2017, s 6\nss 21QA –\n21QC ins No. 3, 2020, s 18\ns 21R ins No. 6, 2017, s 6\npt III hdg rep No. 23, 2012, s 14\npt 4 hdg ins No. 23, 2012, s 14\nss 22 – 23 rep No. 23, 2012, s 15\ns 24 rep No. 36, 1990, s 22\nins No. 43, 2003, s 4\ns 25 amd No. 36, 1990, s 7\ns 26 rep No. 61, 1983, s 6\ns 26A ins No. 1, 1961, s 4\namd No. 17, 1996, s 6\ns 26B ins No. 1, 1961, s 4\ns 26C ins No. 1, 1961, s 4\namd No. 87, 1973, s 12; No. 36, 1990, s 22; No. 17, 1996, s 6\ns 26D ins No. 1, 1961, s 4\ns 26E ins No. 1, 1961, s 4\nins No. 56, 2004, s 8\namd No. 16, 2007, s 13; No. 23, 2012, s 28; No. 8, 2016, s 45\n\nEvidence Act 1939 59\nss 26F – 26H ins No. 1, 1961, s 4\nss 26J – 26K ins No. 1, 1961, s 4\ns 26L ins No. 20, 1984, s 3\npt IV hdg rep No. 23, 2012, s 16\ns 27 amd No. 87, 1973, s 12\nsub No. 36, 1990, s 8\ns 27A ins No. 36, 1990, s 9\ns 28 rep No. 23, 2012, s 16\ns 28A ins No. 1, 1961, s 5\namd No. 54, 1978, s 4\nsub No. 36, 1990, s 10\ns 28B ins No. 1, 1961, s 5\namd No. 87, 1973, s 12; No. 51, 1977, s 3; No. 54, 1978, s 4\nrep No. 36, 1990, s 10\nss 28C – 28D ins No. 1, 1961, s 5\ns 29 amd No. 64, 1965, s 3\nsub No. 36, 1990, s 11\ns 30 amd No. 87, 1973, s 12\nsub No. 36, 1990, s 12\ns 30A ins No. 1, 1961, s 6\ns 31 rep No. 36, 1990, s 22\ns 32 amd No. 36, 1990, s 13; No. 17, 1996, s 6\ns 33 amd No. 36, 1990, s 22; No. 17, 1996, s 6\ns 33A ins No. 1, 1961, s 7\namd No. 87, 1973, s 12; No. 17, 1996, s 6\ns 34 amd No. 36, 1990, s 22\ns 35 amd No. 87, 1973, s 12\ns 36 amd No. 1, 1961, s 8; No. 30, 1967, s 4; No. 47, 1970 s 4; No. 51, 1977, s 3;\nNo. 54, 1978, s 4; No. 60, 1989, s 6\nsub No. 36, 1990, s 14\ns 37 amd No. 64, 1965, s 4\ns 38 amd No. 64, 1965, s 5\ns 39 rep No. 23, 2012, s 16\ns 40 amd No. 87, 1973, s 12; No. 60, 1989, s 6\ns 41 amd No. 87, 1973, s 12\ns 42 amd No. 36, 1990, s 22\n\nEvidence Act 1939 60\ns 42A ins No. 1, 1961, s 9\ns 42B ins No. 1, 1961, s 9\namd No. 51, 1977, s 3; No. 54, 1978, ss 3 and 4; No. 36, 1990, s 22; No. 17,\n2001, s 21; No. 38, 2002, s 6\npt IVA hdg ins No. 23, 1982, s 2\nss 42C – 42G ins No. 23, 1982, s 2\npt V hdg amd No. 38, 2002, s 6\ns 43 sub No. 36, 1990, s 15\ns 44 amd No. 36, 1990, ss 16 and 22; No. 38, 2002, s 6\ns 45 sub No. 36, 1990, s 17\ns 45A ins No. 1, 1961 s 10\ns 45B ins No. 1, 1961, s 10\namd No. 87, 1973, s 12; No. 38, 2002, s 6\nss 46 – 48 amd No. 36, 1990, s 22; No. 38, 2002, s 6\npt VA hdg ins No. 20, 1999, s 3\nrep No. 23, 2012, s 17\npt 5 hdg ins No. 23, 2012, s 17\npt 5\ndiv 1 hdg ins No. 20, 1999, s 3\ns 49 amd No. 30, 1967, s 5\nins No. 20, 1999, s 3\namd No. 2, 2006, s 24; No. 33, 2005, s 5; No. 37, 2007, s 338; No. 19, 2011,\ns 46; No. 23, 2012, s 18; No. 3, 2020, s 19\ns 49A ins No. 20, 1999, s 3\nrep No. 23, 2012, s 19\nss 49B – 49C ins No. 20, 1999, s 3\npt 5\ndiv 2 hdg ins No. 20, 1999, s 3\ns 49D ins No. 20, 1999, s 3\ns 49E ins No. 20, 1999, s 3\nsub No. 3, 2020, s 20\nss 49F – 49J ins No. 20, 1999, s 3\ns 49K ins No. 20, 1999, s 3\namd No. 40, 2010, s 42; No. 23, 2012, s 28\nss 49L – 49M ins No. 20, 1999, s 3\n\nEvidence Act 1939 61\npt 5\ndiv 3 hdg ins No. 20, 1999, s 3\nss 49N – 49T ins No. 20, 1999, s 3\npt 5\ndiv 4 hdg ins No. 20, 1999, s 3\nss 49U – 49Y ins No. 20, 1999, s 3\ns 49Z ins No. 20, 1999, s 3\nss 49ZA –\n49ZB ins No. 20, 1999, s 3\ns 49ZC ins No. 20, 1999, s 3\namd No. 12, 2010, s 3; No. 23, 2012, s 28\nsub No. 2, 2016, s 15\ns 49ZD ins No. 2, 2016, s 15\namd No. 18, 2017, s 36\npt 6 hdg sub No. 36, 1990, s 18; No. 23, 2012, s 20\npt 6\ndiv 1 hdg sub No. 36, 1990, s 18\ns 50 amd No. 87, 1973, s 12\ns 51 sub No. 36, 1990, s 18\npt 6\ndiv 2 hdg sub No. 36, 1990, s 18\ns 52 sub No. 36, 1990, s 18\ns 53 amd No. 30, 1967, s 6; No. 51, 1977, s 3\namd No. 32, 2006, s 5; No. 23, 2012, s 28\ns 54 sub No. 36, 1990, s 18\ns 55 amd No. 64, 1965, s 6; No. 12, 2010, s 3\nsub No. 2, 2016, s 16\npt VIA hdg ins No. 37, 2001, s 8\nrep No. 23, 2012, s 21\npt 7 hdg ins No. 23, 2012, s 21\ns 56 amd No. 64, 1965, s 7\nrep No. 36, 1990, s 18\nins No. 37, 2001, s 8\nss 56A – 56E ins No. 37, 2001, s 8\ns 56F ins No. 37, 2001, s 8\namd No. 44, 2005, s 22; No. 18, 2010, s 36; No. 23, 2012, s 28; No. 28, 2018,\ns 25\ns 56G ins No. 37, 2001, s 8\npt VII hdg rep No. 23, 2012, s 22\npt 8 hdg ins No. 23, 2012, s 22\ns 57 amd No. 49, 1985, s 4; No. 48, 1986, s 9; No. 29, 1990, s 7; No. 36, 1990,\ns 22; No. 23, 2012, s 28\n\nEvidence Act 1939 62\ns 58 amd No. 23, 2012, s 28\ns 59 amd No. 64, 1965, s 8\nsub No. 36, 1990, s 19\namd No. 12, 2010, s 3\nsub No. 2, 2016, s 17\nss 60 – 61 rep No. 36, 1990, s 22\npt VIII hdg rep No. 23, 2012, s 23\npt 9 hdg ins No. 23, 2012, s 23\ns 62 amd No. 23, 2012, s 28; No. 8, 2016, s 45\ns 62A ins No. 1, 1961, s 11\namd No. 84, 1993, s 6; No. 25, 2009, s 10; No. 23, 2012, s 28; No. 28, 2013,\ns 61; No. 38, 2014, s 2\ns 63 amd No. 87, 1973, s 12\nsub No. 36, 1990, s 20\nrep No. 23, 2012, s 24\ns 64 amd No. 87, 1973, s 12; No. 84, 1993, s 6; No. 28, 2008, s 3\nrep No. 23, 2012, s 24\ns 65 sub No. 36, 1990, s 21\npt IX hdg ins No. 4, 2009, s 5\nrep No. 23, 2012, s 25\npt 10 hdg ins No. 23, 2012, s 25\ndiv 1 hdg ins No. 23, 2012, s 25\ns 66 ins No. 4, 2009, s 5\ndiv 2 hdg ins No. 23, 2012, s 26\nss 67 – 68 ins No. 23, 2012, s 26\ndiv 3 hdg ins No. 2, 2016, s 18\ns 69 ins No. 23, 2012, s 26\nexp No. 23, 2012, s 69(5)\nins No. 2, 2016, s 18\nss 70 – 71 ins No. 2, 2016, s 18\ndiv 4 hdg ins No. 3, 2020, s 21\ns 72 ins No. 3, 2020, s 21\ndiv 5 hdg ins No. 33, 2023, s 53\nss 73 – 75 ins No. 33, 2023, s 53\nfirst sch rep No. 23, 2012, s 27\nsecond sch rep No. 61, 1983, s 7\nthird sch ins No. 24, 1939, s 3\nrep No. 30, 1967, s 7\nfourth sch ins No. 1, 1961, s 12\namd No. 17, 1996, s 6, No. 40, 2010, s 43\nrep No. 23, 2012, s 27","sortOrder":83}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2340},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1939 as a simple ordinance dealing with basic evidentiary matters (depositions, oaths, and medical privilege), the Act has expanded significantly beyond its original scope. It has grown to encompass detailed protective schemes for vulnerable witnesses (added 2004, expanded 2007, 2016, 2020), specific procedures for domestic violence proceedings (added 2017, expanded 2023), complex interstate communication link arrangements (added 1999), and confidential communications privilege for sexual assault victims (added 2001). The original short Act has been transformed into a comprehensive supplement to the uniform evidence law dealing with sensitive witness protection and modern technology."},"complexity_factors":["**Extensive cross-referencing:** The Act operates 'in addition to' the *Evidence (National Uniform Legislation) Act 2011*, with multiple definitions imported from that Act's Dictionary (e.g., 'court', 'document', 'criminal proceeding') and frequent references to external legislation like the *Criminal Code* and *Domestic and Family Violence Act 2007*.","**Multiple defined term sets:** Distinct definition sections exist for different Parts (s 4 for general, s 21AA for vulnerable witnesses, s 21G for domestic violence, s 49 for communication links, s 56 for confidential information), creating overlapping but context-specific terminology.","**Nested conditional logic:** Section 21B (special evidence procedures for sexual/serious violence) contains four levels of conditional subsections (2) through (6), with exceptions to the general rules and exceptions to those exceptions.","**Technical procedural requirements:** Specific time limits (e.g., 15 business days for scientific certificates under s 24, 3 business days for challenges), notice requirements (s 56C for confidential communications), and service requirements (ss 21K-21L for recorded statements) create compliance traps.","**Dual protective schemes:** Parts 3 (Vulnerable Witnesses) and 3A (Domestic Violence) operate concurrently with overlapping but distinct protections, requiring courts to determine which specific provisions apply to a witness who may qualify under both (e.g., a child complainant in a domestic violence matter).","**Layered transitional provisions:** Part 10 contains five separate Divisions handling transitions for amendments made in 2009, 2012, 2016, 2020, and 2023, each with different commencement rules and savings provisions for proceedings already underway."],"plain_english_summary":"**What this law does**\n\nThis Act sets out special rules for how evidence is handled in Northern Territory courts, working alongside the main *Evidence (National Uniform Legislation) Act 2011* (the primary evidence law). It provides extra protections and procedures for sensitive cases.\n\n**Who it affects**\n\n• **Victims and witnesses** – especially children, people with cognitive impairments or intellectual disabilities, and victims of sexual offences or domestic violence.\n• **Defendants** – particularly those representing themselves (unrepresented defendants) in domestic violence cases.\n• **Courts and lawyers** – who must follow specific technical procedures for presenting evidence.\n\n**Key areas covered**\n\n• **Protection of vulnerable witnesses (Part 3):** Children and vulnerable adults can give evidence from outside the courtroom using audiovisual links (video), from behind screens, or with a support person present. In sexual offence or serious violence cases, their pre-recorded police interview can be played as their main evidence (evidence in chief), rather than making them tell their story again in court.\n\n• **Domestic violence proceedings (Part 3A):** Special rules allow police-recorded video statements from complainants (the people alleging violence) to be used as evidence. Experts can give evidence about the nature and effects of domestic violence. Self-represented defendants (defendants without lawyers) generally cannot cross-examine (question) certain vulnerable witnesses directly without the court's permission.\n\n• **Remote evidence (Part 5):** Courts can use audio and video links to take evidence from people interstate or overseas. This includes arrangements for interstate courts to take evidence from people in the Territory, and for Territory courts to take evidence from other States.\n\n• **Confidential communications (Part 7):** Protects private communications between a sexual assault victim and their counsellor or therapist. This information cannot be disclosed in court unless the victim consents or a judge grants special leave (permission) after weighing the public interest.\n\n• **Scientific evidence (Section 24):** Forensic scientists can provide certificates about DNA testing or laboratory analysis instead of appearing in person, unless a party challenges the evidence.\n\n• **Publication restrictions (Part 8):** Courts can ban the publication of evidence or the names of parties and witnesses where necessary for justice or public decency.\n\n**Why it matters**\n\nThe Act tries to balance the rights of accused persons to a fair trial with the need to protect vulnerable people from further trauma when giving evidence. It also modernises court processes by allowing remote participation and protecting sensitive counselling relationships."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded and been remade from its original form. It now operates expressly in addition to the Evidence (National Uniform Legislation) Act (s6) and is linked to which proceedings that NUL Act covers (s5, s68). Since 1939 the Act has acquired substantial new Parts and procedures (notably Part 3 on vulnerable witnesses, Part 3A on domestic violence recorded statements, Part 5 on communication links, and Part 7 on confidential communications) and many consequential and transitional amendments are recorded in Part 10 and the endnotes. Those additions change both the subjects covered and the procedural mechanisms available (see ss21A–21F, ss21G–21R, ss49–49ZD, ss56–56G)."},"complexity_factors":["Extensive cross-references to the Evidence (National Uniform Legislation) Act (s5, s6) and to external Acts/regulations (Cross-border Justice Act note, various transitional provisions).","Multiple special procedural tracks (vulnerable witnesses, domestic violence recorded statements, confidential communications, communication links, evidence on commission) each with bespoke rules.","High judicial discretion with mandatory factors and required reasons in several places (e.g. ss21A(2A)–(2C), 56E(4)), creating variable application.","Technical and infrastructural prerequisites for audiovisual/audio/visual links and recorded evidence (Part 5: ss49F–49H, 49P) that interact with admissibility and availability.","Detailed service, timing and notice requirements with exclusionary consequences (ss21J, 21K–21M, s24(3),(5), s56C) that create procedural traps.","Statutory privilege scheme for confidential communications with a multi-factor leave test balancing probative value and harm (ss56E–56G).","Interstate and cross-jurisdictional enforcement, immunities and contempt mechanisms (Part 5 Divs 3–4: ss49N–49ZD) involving multiple jurisdictions and procedural regimes.","Transitional and savings provisions layering amendments across decades and linking application to the NUL Act (Part 10 and lists of amendments), complicating which version applies to which proceedings."],"plain_english_summary":"What this law does (mechanically)\n\n- This Act supplements the Northern Territory's Evidence (National Uniform Legislation) Act by setting additional rules about evidence and procedure in Territory courts and related proceedings (see sections 5 and 6). It must be read with specified modifications required by the Cross-border Justice Act 2009 (note at front) and applies alongside the Evidence (NUL) Act (s6). Part 5 also expressly enables communication-link procedures to be used in Territory and interstate proceedings (s5(2), ss49–49C).\n\n- Key procedural mechanisms created by the Act include:\n  - Special protections and alternative ways for \"vulnerable witnesses\" (children, people with cognitive impairment, alleged victims of sexual offences, complainants in domestic violence proceedings, or anyone the court finds vulnerable) to give evidence by audiovisual link, from outside the courtroom, behind a screen, or with support persons present (Part 3: ss21AA–21F, especially s21A and s21B). Courts may hold \"special sittings\" and admit recorded audiovisual examinations as evidence (s21B).\n  - Detailed rules for domestic-violence complainants about recorded statements (what counts as a recorded statement, timing and consent requirements, service on defence, access when the defendant is unrepresented, editing, and publication offences) (Part 3A: ss21G–21R, notably ss21J, 21K–21M, 21P–21Q, 21QA–21QC).\n  - A statutory privilege and tightly-structured leave process for \"confidential communications\" between sexual‑offence victims and counsellors, including notice requirements, an in‑camera application procedure, tests the court must apply before granting leave, and ancillary protective orders if leave is granted (Part 7: ss56–56G).\n  - Rules about evidence by certificate from a reporting scientist (what such a certificate may prove, disclosure and notice obligations, and the right to call the reporting scientist) (s24).\n  - A limited hearsay exception allowing admission of a child’s out‑of‑court statement in sexual‑ or serious‑violence cases when it has sufficient probative value (s26E).\n  - Comprehensive provisions authorising use of audiovisual, audio and visual links for appearances, evidence and submissions within Territory proceedings and between the Territory and other participating States, including technical requirements, powers to make directions, expense orders, and enforcement/privilege protections when interstate entities are involved (Part 5: ss49–49ZD).\n  - Powers to obtain evidence from persons outside the Territory (commissions/letters of request) and to make evidence taken abroad admissible, subject to discretionary exclusion and admissibility limits (Part 6: ss50–51, 52–55).\n  - Publication and reporting limits where the court considers publication would offend public decency or is necessary for the administration of justice (s57–59).\n\nWho is affected (concrete parties and duties)\n\n- Courts and judicial officers: must apply the Act’s procedures and exercise the discretions set out (for example, when to order audiovisual evidence, special sittings, leave to adduce privileged communications, or protective ancillary orders) (ss21A, 21B, 56E, 56G).\n- Vulnerable witnesses and complainants: gain entitlement to alternative procedures, screening, accompaniment by support persons, courtroom closure in certain cases, and admission of recorded evidence (ss21A(2)–(2AD), 21F, 21B).\n- Prosecutors: must comply with specified service and disclosure steps for recorded statements in domestic‑violence proceedings (serve on defence counsel or provide audio access where defence is unrepresented) (ss21K–21L) and give notice when seeking to adduce privileged communications (s56C).\n- Defendants and defence practitioners: face limits and procedures when the complainant’s recorded evidence is played (admission subject to compliance and court discretion; s21M), and constraints on direct cross‑examination by unrepresented defendants of vulnerable witnesses (ss21QA–21QC).\n- Police and other \"authorised persons\": defined categories authorised to elicit recorded statements from vulnerable witnesses (s21AA).\n- Reporting scientists and forensic laboratories: certificate evidence rules and disclosure timelines require parties to exchange certificates and allow challenges to be notified in advance (s24).\n- Counsellors and victims: communications defined as privileged; leave needed before those communications can be produced in sexual‑offence proceedings (Part 7).\n- Participating interstate courts/entities: may use communication links and have orders enforced in the Territory; interstate participants obtain protections and immunities (Part 5, Divisions 3–4: ss49N–49ZD).\n\nWhy the law matters (claimed purposes and how they map to incentives, costs and risks)\n\n- Claimed purpose-claims in the text: the Act (and its amendments) aims to protect vulnerable witnesses and victims (express intention for child witnesses in s21D(1)), facilitate taking evidence remotely, protect confidentiality of counselling communications (Part 7), and streamline certain expert/scientific evidence via certificates (s24). Those claims are explicit in the provisions and headings.\n\n- How those claims operate mechanically and what they cost or require:\n  - Protection vs. process complexity: the Act grants procedures (recorded statements, screens, courtroom closure) that reduce live-facing-the-accused exposure for vulnerable witnesses (s21A(2),(2AD), s21F). To operate, courts, police (authorised persons), prosecutors and facilities must co‑ordinate audiovisual recordings and special sittings (ss21AA, 21B, 21E). The cost is administrative and infrastructural: the link/facilities requirement is a precondition (s21E; Part 5 technical requirements ss49F–49H, 49P(2)(a)). The Act recognises this by allowing refusal where facilities are not available (s21A(2)(a), s49E(4)).\n  - Evidence substitution and access trade-offs: recorded statements may be admitted as evidence in chief (s21B(2)(a), s21H(1)), which substitutes for in‑court oral evidence. The prosecution bears service obligations for recorded statements (s21K–21L) and failure to comply can exclude the recorded statement unless the court is satisfied otherwise (s21M). For unrepresented defendants the Act requires the prosecution to provide access but limits the defendant’s ability to physically possess copies (s21L(2)(b), s21K(3)); the Act thus balances victim‑protection and defence access by specified procedural steps rather than free distribution.\n  - Judicial discretion and legal certainty: many protections and exclusions depend on court evaluation (e.g., whether a person is vulnerable (s21A(1)–(6)), admissibility of confidential communications (s56E), or whether to permit audiovisual procedures (s49E(4)–(5))). That centralises decision-making with courts but creates implementation variability and a need for reasons to be recorded in some cases (s21A(2C), s56E(4)).\n  - Compliance burdens and timing: there are advance-notice and timing obligations — e.g., service of certificates 15 business days before hearing and notice of challenges 3 business days before hearing (s24(3),(5)); reasonable notice of intention to seek leave about confidential communications (s56C); and requirements that recorded statements be made \"as soon as practicable\" after events and with informed consent (s21J(1)). These create concrete operational steps (and potential tactical effects) for parties and investigators.\n  - Enforcement and sanctions: the Act creates offences and penalties for unauthorised publication of recorded statements (s21Q), for contravening publication‑suppression orders (s59), and for contempt or interference with interstate entities (ss49ZC–49ZD), which shifts some enforcement costs to courts and prosecutorial bodies.\n\nWho pays and who decides\n\n- Who pays: parties may be ordered to pay expenses for use of communication links (s49J, s49S). The prosecution and police carry administrative burdens (making recordings, serving statements, complying with disclosure timelines) (ss21J–21M, s24). Courts bear the work of making discretionary orders, supervising special sittings and issuing reasons (s21A(2C), s56E(4)).\n\n- Who decides: courts and judicial officers exercise the principal discretions (ss21A, 21B, 56E, 49E). Prosecutors decide when to seek admission of recorded statements and must comply with service rules (ss21B(3), 21K–21L). Police/authorised persons carry out recorded interviews (s21AA).\n\nImplementation risk and procedural trade-offs (brief)\n\n- Implementation depends on availability of audiovisual facilities (s49E(4), s21E) and on timely compliance with service and disclosure steps (ss21K–21M, s24). The Act creates procedural alternatives that change evidence practice (use of recorded statements and certificates) and concentrates certain benefits (reduced trauma or avoided live testimony) while imposing administrative and technical costs on courts, prosecutors, police and labs.\n\nSelected primary sections for reference: ss5–6, 21AA–21F, 21G–21R, 21QA–21QC, 24, 26E, 49–49ZD, 50–55, 56–56G, 57–59."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-act-1939","history":"/api/acts/evidence-act-1939/history","analysis":"/api/acts/evidence-act-1939/analysis","conflicts":"/api/acts/evidence-act-1939/conflicts","importantCases":"/api/acts/evidence-act-1939/important-cases","documents":"/api/acts/evidence-act-1939/documents"}}