{"id":"sl-2012-6","name":"Evidence Regulation 2012","slug":"evidence-regulation-2012","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"6 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173364,"registerId":"act-sl-2012-6-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Evidence Regulation 2012","content":"Australian Capital Territory\nEvidence Regulation 2012\nSL2012-6\nmade under the\nEvidence Act 2011\nRepublication No 1\nEffective: 1 March 2012\nRepublication date: 1 March 2012\nRegulation not amended\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Evidence Regulation 2012, made under the Evidence Act 2011\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 1 March 2012. It also includes any commencement, repeal or expiry affecting\nthis republished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial amendments\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n01/03/12\nEvidence Regulation 2012\nEffective: 01/03/12\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEvidence Regulation 2012\nmade under the\nEvidence Act 2011\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Notice of previous representation—Act, s 67 (2) 2\n6 Notice of previous representation—written previous representation—\nAct, s 67 (2) 3\n7 Notice of previous representation—criminal proceeding—Act, s 67 (2) 4\n8 Notice of tendency evidence—Act, s 99 4\n9 Notice of coincidence evidence—Act, s 99 5\n10 Notice of tendency or coincidence evidence—criminal proceeding—\nAct, s 99 5\n11 Self-incrimination certificates—State and Territory provisions—Act,\ns 128 (14) 5\n\nContents\nPage\ncontents 2 Evidence Regulation 2012\nEffective: 01/03/12\nR1\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Self-incrimination certificates—State and Territory provisions—Act,\ns 128A (13) 6\n13 Fingerprint evidence of identity—affidavits by State or Territory police\nofficers—Act, s 179 (1) (a) 6\n14 Fingerprint evidence of identity—affidavits by Australian Federal Police\nofficers—Act, s 180 (1) (a) 6\n15 Approved forms 6\nDictionary 7\nEndnotes\n1 About the endnotes 8\n2 Abbreviation key 8\n3 Legislation history 9\n4 Amendment history 9\n\nR1\n01/03/12\nEvidence Regulation 2012\nEffective: 01/03/12\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEvidence Regulation 2012\nmade under the\nEvidence Act 2011\n\nSection 1\npage 2 Evidence Regulation 2012\nEffective: 01/03/12\nR1\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Evidence Regulation 2012.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of\nthis regulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n5 Notice of previous representation—Act, s 67 (2)\n(1) A notice of previous representation must state—\n(a) subject to section 6 (2), the substance of evidence of a previous\nrepresentation that the notifying party intends to present; and\n(b) the substance of all other relevant representations made by the\nperson who made the previous representation, so far as they are\nknown to the notifying party; and\n(c) so far as they are known to the notifying party, details of—\n(i) the date, time, place and circumstances at or in which\neach of the representations mentioned in paragraph (a) or\n(b) was made; and\n(ii) the names of the people by whom, and the people to\nwhom, each of the representations was made; and\n\nSection 6\nR1\n01/03/12\nEvidence Regulation 2012\nEffective: 01/03/12\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) in a civil proceeding—the address of each person\nmentioned in subparagraph (ii).\n(2) Subsection (3) applies if a notifying party intends to rely on any of\nthe following provisions of the Act:\n(a) section 63 (2) (a) or (b);\n(b) section 65 (2) (a), (b), (c) or (d);\n(c) section 65 (3) (a) or (b);\n(d) section 65 (8) (a) or (b).\n(3) The notifying party’s notice of previous representation must state\ndetails of the facts on the basis of which it is alleged that the person\nwho made a representation mentioned in the notice is not available\nto testify about the fact to be proved by presenting evidence of the\nrepresentation.\n(4) Subsection (5) applies if a notifying party intends to rely on the Act,\nsection 64 (2) (a) or (b).\n(5) The notifying party’s notice of previous representation must state\ndetails of the facts that the party will rely on to establish the grounds\nstated in the Act, section 64 (2).\n6 Notice of previous representation—written previous\nrepresentation—Act, s 67 (2)\n(1) If a notice of previous representation mentions a previous\nrepresentation that is in writing—\n(a) a copy of the document, or of the relevant part of the\ndocument, containing the representation must be attached to\nthe notice; and\n(b) the notice must identify the document unless—\n(i) a copy of the document is attached to the notice; and\n\nSection 7\npage 4 Evidence Regulation 2012\nEffective: 01/03/12\nR1\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the identity of the document is apparent on the face of the\ncopy.\n(2) If a copy of a document, or of a part of a document, is attached to a\nnotice it is a sufficient compliance for section 5 (1) (a) to state in the\nnotice, or in the copy of a document or part of a document attached\nto the notice, the representation evidence of which the notifying\nparty intends to present.\n7 Notice of previous representation—criminal proceeding—\nAct, s 67 (2)\n(1) On application by a party in a criminal proceeding, the court may\nmake an order directing the notifying party to disclose the address of\na person named in a notice of previous representation.\n(2) The direction may be given on the terms the court considers\nappropriate.\n8 Notice of tendency evidence—Act, s 99\nA notice of tendency evidence must state—\n(a) the substance of the tendency evidence that the notifying party\nintends to present; and\n(b) if the tendency evidence consists of, or includes, evidence of\nthe conduct of a person—so far as is known to the notifying\nparty, details of—\n(i) the date, time, place and circumstances at or in which the\nconduct occurred; and\n(ii) the names of each person who saw, heard or otherwise\nperceived the conduct; and\n(iii) in a civil proceeding—the address of each person\nmentioned in subparagraph (ii).\n\nSection 9\nR1\n01/03/12\nEvidence Regulation 2012\nEffective: 01/03/12\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Notice of coincidence evidence—Act, s 99\nA notice of coincidence evidence must state—\n(a) the substance of the coincidence evidence that the notifying\nparty intends to present; and\n(b) so far as is known to the notifying party, details of—\n(i) the date, time, place and circumstances at or in which\neach of the events the subject of the evidence occurred;\nand\n(ii) the names of each person who saw, heard or otherwise\nperceived each of the events; and\n(iii) in a civil proceeding—the address of each person\nmentioned in subparagraph (ii).\n10 Notice of tendency or coincidence evidence—criminal\nproceeding—Act, s 99\n(1) On application by a party in a criminal proceeding, the court may\nmake an order directing the notifying party to disclose the address of\nany person named in a notice of tendency or coincidence evidence.\n(2) The direction may be given on the terms the court considers\nappropriate.\n11 Self-incrimination certificates—State and Territory\nprovisions—Act, s 128 (14)\nThe following provisions are prescribed:\n(a) the Evidence Act 2004 (Norfolk Island), section 128;\n(b) the Coroners Act 2009 (NSW), section 61;\n(c) the Evidence Act 1995 (NSW), section 128;\n(d) the Evidence Act 2001 (Tas), section 128.\n\nSection 12\npage 6 Evidence Regulation 2012\nEffective: 01/03/12\nR1\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the Coroners Act 2008 (Vic), section 57;\n(f) the Evidence Act 2008 (Vic), section 128;\n(g) the Coroners Act 1996 (WA), section 47;\n(h) the Evidence Act 1906 (WA), section 11.\n12 Self-incrimination certificates—State and Territory\nprovisions—Act, s 128A (13)\nThe following provisions are prescribed:\n(a) the Evidence Act 1995 (NSW), section 128A;\n(b) the Evidence Act 2001 (Tas), section 128A;\n(c) the Evidence Act 2008 (Vic), section 128A.\n13 Fingerprint evidence of identity—affidavits by State or\nTerritory police officers—Act, s 179 (1) (a)\nA form approved under section 15 for this section is prescribed.\n14 Fingerprint evidence of identity—affidavits by Australian\nFederal Police officers—Act, s 180 (1) (a)\nA form approved under section 15 for this section is prescribed.\n15 Approved forms\n(1) The Minister may approve forms for this regulation.\n(2) If the Minister approves a form for a particular purpose, the\napproved form must be used for that purpose.\nNote For other provisions about forms, see the Legislation Act, s 255.\n(3) An approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n\nDictionary\nR1\n01/03/12\nEvidence Regulation 2012\nEffective: 01/03/12\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n document\n writing.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Evidence Act 2011 (see Legislation Act, s 148). For example, the\nfollowing terms are defined in the Evidence Act 2011, dict:\n civil proceeding\n coincidence evidence\n criminal proceeding\n document\n previous representation\n tendency evidence.\naddress includes a private, business or official address.\nnotice of coincidence evidence means a notice under the Act,\nsection 98 (1).\nnotice of previous representation means a notice under the Act,\nsection 67.\nnotice of tendency evidence means a notice under the Act,\nsection 97 (1).\nnotifying party, in relation to a notice, means the party giving the\nnotice.\n\nEndnotes\n1 About the endnotes\npage 8 Evidence Regulation 2012\nEffective: 01/03/12\nR1\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR1\n01/03/12\nEvidence Regulation 2012\nEffective: 01/03/12\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nEvidence Regulation 2012 SL2012-6\nnotified LR 27 February 2012\ns 1, s 2 commenced 27 February 2012 (LA s 75 (1))\nremainder commenced 1 March 2012 (s 2 and see Evidence Act 2011\nA2011-12, s 2 and CN2012-4)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\n© Australian Capital Territory 2012","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose of setting procedural notice requirements and administrative forms for evidence under the Evidence Act 2011. It has not expanded beyond this subsidiary role."},"complexity_factors":["Short length (15 sections plus dictionary and endnotes)","Minimal cross-referencing limited to specific sections of the parent Evidence Act 2011","Straightforward procedural requirements with clear, linear structure","Simple conditional logic (mostly 'if X applies, then Y must be stated')","Only 4 defined terms in the dictionary section","No nested exceptions or highly technical operational provisions"],"plain_english_summary":"This regulation sets practical notice rules under the Evidence Act 2011 for using certain evidence in ACT courts—such as previous statements, tendency/coincidence material, and fingerprint affidavits—and prescribes procedures in criminal cases (including witness address disclosure and recognition of self‑incrimination certificates).  \n\nIt affects lawyers, police and parties in civil and criminal proceedings by requiring advance, specific disclosure to promote fairness, avoid surprise, and help courts manage complex evidence."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation implements and specifies procedural requirements under the Evidence Act 2011 without expanding or narrowing the Act’s substantive scope. It supplies form, notice and disclosure mechanics (ss 5–15) and relies on the Act for definitions and triggers (s 3, dictionary)."},"complexity_factors":["Numerous cross-references to the Evidence Act 2011 for substantive definitions and triggers (see ss 3, dictionary; multiple references throughout).","Detailed, prescriptive content requirements for different notice types (previous representation: s 5; written previous representation: s 6; tendency: s 8; coincidence: s 9).","Procedural divergence between civil and criminal proceedings (addresses required in civil proceedings; court may order disclosure in criminal proceedings — ss 5(1)(c)(iii), 7, 10).","Ministerial discretion to approve and mandate forms, creating a compliance obligation to use approved forms (s 15).","Lists of prescribed external State/Territory provisions for self‑incrimination certificates (ss 11–12) introduce inter-jurisdictional reference points.","Prescribed forms for fingerprint affidavits by State/Territory and AFP officers (ss 13–14) add operational requirements for police evidence.","Relatively short regulation but reliant on contextual definitions and the parent Act for substantive operation (dictionary and s 3)."],"plain_english_summary":"This regulation prescribes the procedural details for evidence notices and related forms under the Evidence Act 2011. It specifies what must be said and attached in notices of previous representation, tendency and coincidence evidence, lists prescribed self‑incrimination provisions and prescribes fingerprint affidavit forms, and gives the Minister power to approve mandatory forms (see ss 5–6, 8–10, 11–15). It applies to parties in civil and criminal proceedings who must prepare and serve these notices (document-preparation cost) and to courts and the Minister who exercise disclosure and form‑approval discretion (ss 7, 10, 15)."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-regulation-2012","history":"/api/acts/evidence-regulation-2012/history","analysis":"/api/acts/evidence-regulation-2012/analysis","conflicts":"/api/acts/evidence-regulation-2012/conflicts","importantCases":"/api/acts/evidence-regulation-2012/important-cases","documents":"/api/acts/evidence-regulation-2012/documents"}}