Schedule 4—Affidavit about proof of identity of person convicted in another State or Territory
Legislative history
Notes
• This version is comprised of the following:
1.1.2003 (Reprint No 13)
Schedules
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation repealed by principal Act
The Evidence Act 1929 repealed the following:
An Act for Improving the Law of Evidence
Ordinance to Facilitate the Admission of the unsworn Testimony of the Aboriginal Inhabitants of South Australia and the parts adjacent
Ordinance to amend Ordinance 3 of 1848
An Act to amend the Law of Evidence
Evidence Further Amendment Act 1869
An Act for Shortening and Explaining the Language used in Acts of Parliament, and for other purposes
The Telegraphic Messages Act 1873
The Bankers Books Evidence Act 1879
Evidence Further Amendment Act 1888
The Oaths and Affirmations Act 1911
Evidence Publication Act 1917
Evidence Amendment Act 1925
Legislation amended by principal Act
The Evidence Act 1929 amended the following:
The Supreme Court Procedure Act 1855
An Act for amending the Law of Evidence and Practice on Criminal trials
Matrimonial Causes Act 1867
The Criminal Law Consolidation Act 1876
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Evidence Act 1929
30.10.1929
30.10.1929
Evidence Act Amendment Act 1933
31.8.1933
31.8.1933
Evidence Act Amendment Act 1940
28.11.1940
28.11.1940
Evidence Act Amendment Act 1941
13.11.1941
13.11.1941
Evidence Act Amendment Act 1945
3.1.1946
3.1.1946
Evidence Act Amendment Act 1947
2.10.1947
2.10.1947
Evidence Act Amendment Act 1949
24.11.1949
24.11.1949
Statute Law Revision Act 1952
4.12.1952
4.12.1952
Evidence Act Amendment Act 1955
1.12.1955
1.12.1955
Evidence Act Amendment Act 1957
14.11.1957
14.11.1957
Evidence Act Amendment Act 1960
27.10.1960
27.10.1960
Evidence Act Amendment Act 1968
19.12.1968
19.12.1968
Evidence Act Amendment Act 1969
11.12.1969
31.8.1970 (Gazette 20.8.1970 p701)
Evidence Act Amendment Act 1972
27.4.1972
1.2.1973 (Gazette 1.2.1973 p377)
Local and District Criminal Courts Act Amendment Act 1972
27.4.1972
9.11.1972 (Gazette 9.11.1972 p2252)
Evidence Act Amendment Act 1974
17.10.1974
28.11.1974 (Gazette 28.11.1974 p3372)
Evidence Act Amendment Act 1976
Evidence Act Amendment Act 1978
Evidence Act Amendment Act 1979
Evidence Act Amendment Act 1982
22.4.1982
6.5.1982 (Gazette 6.5.1982 p1438)
Evidence Act Amendment Act 1983
Evidence Act Amendment Act (No. 2) 1983
1.8.1983 (Gazette 7.7.1983 p5)
Evidence Act Amendment Act 1984
Statutes Amendment (Oaths and Affirmations) Act 1984
24.5.1984
1.7.1984 (Gazette 28.6.1984 p1897)
Evidence Act Amendment Act (No. 2) 1984
29.11.1984
1.1.1985 (Gazette 13.12.1984 p1811)
Evidence Act Amendment Act (No. 3) 1984
Evidence Act Amendment Act 1985
1.11.1985
1.12.1985 (Gazette 7.11.1985 p1361)
Evidence Act Amendment Act 1986
18.12.1986
5.4.1987 (Gazette 26.2.1987 p434)
Evidence Act Amendment Act 1988
21.4.1988
1.5.1988 (Gazette 28.4.1988 p1066)
Evidence Act Amendment Act (No. 2) 1988
Evidence Act Amendment Act 1989
4.5.1989
15.5.1989 (Gazette 11.5.1989 p1250)
Evidence Act Amendment Act 1990
Evidence Amendment Act 1991
31.10.1991
16.7.1992 (Gazette 16.7.1992 p622)
Director of Public Prosecutions Act 1991
21.11.1991
6.7.1992 (Gazette 25.6.1992 p1869)
Statutes Amendment (Attorney-General's Portfolio) Act 1992
14.5.1992
6.7.1992 (Gazette 2.7.1992 p209)
Statutes Amendment (Right of Reply) Act 1992
26.11.1992
s 5—1.1.1993 (Gazette 10.12.1992 p1752)
Evidence (Miscellaneous) Amendment Act 1993
13.5.1993
15.7.1993 (Gazette 15.7.1993 p520)
Evidence (Vulnerable Witnesses) Amendment Act 1993
27.5.1993
1.9.1993 (Gazette 15.7.1993 p520)
Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994
27.10.1994
1.1.1995 (Gazette 8.12.1994 p1942)
Statutes Amendment (Attorney-General's Portfolio) Act 1995
27.4.1995
s 13—10.7.1995 (Gazette 29.6.1995 p2973)
Evidence (Settlement Negotiations) Amendment Act 1996
Statutes Amendment (Attorney-General's Portfolio) Act 1997
31.7.1997
Pt 4 (s 6)—14.9.1997 (Gazette 11.9.1997 p704)
Evidence (Use of Audio and Audio Visual Links) Amendment Act 1998
2.4.1998
Evidence (Confidential Communications) Amendment Act 1999
1.4.1999
Evidence (Miscellaneous) Amendment Act 1999
1.4.1999
Financial Sector Reform (South Australia) Act 1999
17.6.1999
Sch (item 21)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)
Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000
20.7.2000
Pt 11 (s 25)—14.8.2000 (Gazette 10.8.2000 p444)
Legislation Revision and Publication Act 2002
28.11.2002
Sch (cl 2)—1.1.2003 (Gazette 19.12.2002 p4735)
Statutes Amendment (Attorney-General's Portfolio) Act 2002
28.11.2002
Pt 6 (ss 8 & 9)—3.3.2003 (Gazette 27.2.2003 p807)
Coroners Act 2003
31.7.2003
Sch (cll 10—12)—1.7.2005 (Gazette 23.6.2005 p1899)
Statute Law Revision Act 2003
23.10.2003
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
Defamation Act 2005
27.10.2005
Sch 1 (cl 5)—1.1.2006: s 2
Statutes Amendment (New Rules of Civil Procedure) Act 2006
6.7.2006
Pt 31 (ss 113—118)—4.9.2006 (Gazette 17.8.2006 p2831)
Evidence (Suppression Orders) Amendment Act 2006
23.11.2006
1.4.2007 (Gazette 29.3.2007 p929)
Evidence (Use of Audio and Audio Visual Links) Amendment Act 2006
30.11.2006
1.4.2007 (Gazette 22.3.2007 p864)
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 33 (s 97)—1.6.2007 (Gazette 26.4.2007 p1352)
Statutes Amendment (Justice Portfolio) Act 2006
14.12.2006
Pt 13 (s 21)—18.1.2007 (Gazette 18.1.2007 p234)
Statutes Amendment (Victims of Crime) Act 2007
8.11.2007
Pt 4 (s 6)—17.7.2008 (Gazette 17.7.2008 p3372)
Statutes Amendment (Evidence and Procedure) Act 2008
17.4.2008
Pt 4 (ss 10—22)—23.11.2008 (Gazette 20.11.2008 p5171) except new ss 13A, 13C & 13D (as inserted by s 12)—4.10.2009 (Gazette 1.10.2009 p4764)
Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008
17.4.2008
Sch 1 (cl 5)—23.11.2008 (Gazette 20.11.2008 p5171)
Intervention Orders (Prevention of Abuse) Act 2009
10.12.2009
Sch 1 (cl 14)—9.12.2011 (Gazette 20.10.2011 p4269)
Evidence (Discreditable Conduct) Amendment Act 2011
22.9.2011
Pt 2 (s 4) & Sch 1—1.6.2012 (Gazette 31.5.2012 p2637)
Statutes Amendment (Serious and Organised Crime) Act 2012
10.5.2012
Pt 8 (ss 40—42)—17.6.2012 (Gazette 14.6.2012 p2756)
Evidence (Reporting on Sexual Offences) Amendment Act 2012
22.11.2012
11.2.2013 (Gazette 7.2.2013 p262)
Statutes Amendment (Attorney-General's Portfolio) Act 2013
18.4.2013
Pt 6 (s 14)—9.6.2013 (Gazette 6.6.2013 p2498)
Magistrates (Miscellaneous) Amendment Act 2013
27.6.2013
Sch 1 (cl 2)—4.7.2013 (Gazette 4.7.2013 p2970)
Statutes Amendment (Attorney-General's Portfolio No 2) Act 2013
24.10.2013
Pt 5 (ss 7 & 8)—17.5.2014 (Gazette 8.5.2014 p1630)
Evidence (Discreditable Conduct) Amendment Act 2013
24.10.2013
25.11.2013 (Gazette 21.11.2013 p4276)
Evidence (Identification Evidence) Amendment Act 2013
7.11.2013
7.7.2014 (Gazette 3.7.2014 p3127)
Intervention Orders (Prevention of Abuse) (Miscellaneous) Amendment Act 2015
9.7.2015
Sch 1 (cl 4)—1.12.2015 (Gazette 19.11.2015 p4975)
Statutes Amendment (Vulnerable Witnesses) Act 2015 as amended by 28/2016
6.8.2015
Pt 3 (ss 5—20) & Sch 1 (cl 1)—1.7.2016 (Gazette 23.6.2016 p2618)
Evidence (Records and Documents) Amendment Act 2015
26.11.2015
4.4.2016 (Gazette 4.2.2016 p366)
Statutes Amendment (Attorney-General's Portfolio) Act 2016
16.6.2016
Pt 8 (s 21)—1.7.2016 immediately after s 5 of 16/2015: s 2(4)
Statutes Amendment (Gender Identity and Equity) Act 2016
4.8.2016
Pt 7 (s 32)—8.9.2016 (Gazette 8.9.2016 p3676)
Statutes Amendment (Courts and Justice Measures) Act 2016
Pt 5 (ss 8 & 9)—8.12.2016: s 2(1)
Statutes Amendment and Repeal (Simplify) Act 2017
Pt 10 (s 53)—15.3.2017: s 2(1)
Summary Procedure (Indictable Offences) Amendment Act 2017
14.6.2017
Sch 2 (cll 19—26 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)
Evidence (Journalists) Amendment Act 2018
Statutes Amendment (Domestic Violence) Act 2018
6.12.2018
Pt 4 (s 8)—31.1.2019 (Gazette 24.1.2019 p272); s 7—1.9.2019 (Gazette 18.7.2019 p2744)
Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019
11.7.2019
Pt 4 (ss 9 & 10)—24.10.2019 (Gazette 24.10.2019 p3572)
Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019
Pt 7 (ss 13 & 14)—19.9.2019: s 2(1)
Supreme Court (Court of Appeal) Amendment Act 2019
19.12.2019
Sch 1 (cl 46)—1.1.2021 (Gazette 10.12.2020 p5638)
Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019
19.12.2019
Pt 5 (s 9)—1.5.2020 (Gazette 30.4.2020 p838)
Evidence (Reporting on Sexual Offences) Amendment Act 2020
12.3.2020
7.5.2020 (Gazette 23.4.2020 p811)
Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020
10.12.2020
Pt 4 (ss 10 & 11) & Sch 1 (cl 2)—29.3.2021 (Gazette 27.1.2021 p163)
Evidence (Vulnerable Witnesses) Amendment Act 2020
10.12.2020
19.3.2021 (Gazette 11.3.2021 p892)
Legislation Interpretation Act 2021
30.9.2021
Sch 1 (cll 2 to 5)—1.1.2022 (Gazette 23.12.2021 p4619)
Statutes Amendment (Child Sexual Abuse) Act 2021
9.12.2021
Pt 4 (ss 12 to 18)—1.6.2022 (Gazette 17.2.2022 p490)
Statutes Amendment (Stealthing and Consent) Act 2022
8.12.2022
Pt 4 (ss 6 & 7)—8.3.2023 (Gazette 2.3.2023 p464)
Evidence (Aboriginal Traditional Laws and Customs) Amendment Act 2024
19.9.2024
16.12.2024 (Gazette 5.12.2024 p4544)
Criminal Law Consolidation (Stalking and Harassment) Amendment Act 2025
13.2.2025
Sch 1 (cll 1 & 2)—8.6.2025 (Gazette 15.5.2025 p1171)
Criminal Law Consolidation (Coercive Control) Amendment Act 2025
11.9.2025
Sch 1 (cl 1)—uncommenced
Carers Recognition (Miscellaneous) Amendment Act 2025
4.12.2025
Sch 1 (cl 3)—1.7.2026 (Gazette 19.2.2026 p361)
Provisions amended since 3 February 1976
• Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 3 of The Public General Acts of South Australia 1837-1975 at page 790.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
s 2
amended by 40/1982 s 3
omitted under Legislation Revision and Publication Act 2002
1.1.2003
s 3
omitted under Legislation Revision and Publication Act 2002
s 4
s 4(1)
s 4 redesignated as s 4(1) by 28/2016 s 21
bank
banker
banker's book
canine court companion
inserted by 45/2020 s 4
child
inserted by 32/1988 s 3(a)
child sexual offence
inserted by 57/2021 s 12
cognitive impairment
inserted by 16/2015 s 5(1)
communication partner
inserted by 16/2015 s 5(1)
court
substituted by 56/1984 s 3(a)
domestic partner
inserted by 7/2008 s 10(1)
electric telegraph
amended by 9/1979 s 2
mental disability
inserted by 7/2008 s 10(2)
deleted by 16/2015 s 5(2)
serious offence against the person
inserted by 7/2008 s 10(2)
amended by 1/2025 Sch 1 cl 1
sexual offence
inserted by 84/1976 s 2
amended by 26/1992 s 7
amended by 10/2008 Sch 1 cl 5
amended by 16/2015 s 5(3)
spouse
inserted by 7/2008 s 10(3)
statement
inserted by 12/2012 s 40(1)
sworn evidence
inserted by 18/1999 s 3
telegraph station
amended by 9/1979 s 2
vulnerable witness
inserted by 7/2008 s 10(4)
amended by 12/2012 s 40(2)
amended by 16/2015 s 5(4)
young child
inserted by 32/1988 s 3(b)
amended by 16/2015 s 5(5)
s 4(2) and (3)
inserted by 28/2016 s 21
Pt 2
s 6
substituted by 56/1984 s 3(b)
s 6(3)
substituted by 18/1999 s 4
s 6(4)
substituted by 33/2002 s 8
s 7
substituted by 56/1984 s 3(b)
s 8
deleted by 56/1984 s 3(b)
s 9
amended by 32/1988 s 4
substituted by 18/1999 s 5
s 9(4)
amended by 7/2008 s 11
s 9(6)
inserted by 16/2015 s 6
s 12
substituted by 32/1988 s 5
s 12(1)—(3)
deleted by 18/1999 s 6
s 12A
inserted by 37/1993 s 3
substituted by 18/1999 s 7
substituted by 7/2008 s 12
s 12AB
inserted by 16/2015 s 7
s 12AB(2)
amended by 45/2020 s 5(1), (2)
s 12AB(3)
amended by 45/2020 s 5(3), (4)
(b) deleted by 45/2020 s 5(4)
s 12AB(6a)
inserted by 45/2020 s 5(5)
s 12AB(7)
amended by 45/2020 s 5(6)
s 12AB(10)
amended by 45/2020 s 5(7)
s 12AB(11)
amended by 45/2020 s 5(8)
s 12AB(11a)
inserted by 57/2021 s 13(1)
s 12AB(12) and (13)
substituted by 45/2020 s 5(9)
s 12AB(13a)
inserted by 45/2020 s 5(9)
s 12AB(14)
witness to whom this section applies
amended by 57/2021 s 13(2)
s 12AC
inserted by 45/2020 s 6
s 13 before substitution by 7/2008
deleted by 32/1988 s 5
inserted by 53/1993 s 3
1.9.1993
s 13(4)
amended by 18/1999 s 8
s 13
substituted by 7/2008 s 12
s 13(2)
amended by 16/2015 s 8
amended by 45/2020 s 7(1)
s 13(6a)
inserted by 45/2020 s 7(2)
s 13A
s 13A(2)
amended by 16/2015 s 9(1)
(f) deleted by 16/2015 s 9(1)
amended by 45/2020 s 8(1)
s 13A(5)
amended by 16/2015 s 9(2)
s 13A(5a) and (5b)
inserted by 16/2015 s 9(3)
s 13A(5c)
inserted by 45/2020 s 8(2)
s 13A(14)
inserted by 57/2021 s 14
s 13B
s 13B(1)
amended by 85/2009 Sch 1 cl 14(1)
amended by 62/2016 s 8(1)
s 13B(2)
deleted by 85/2009 Sch 1 cl 14(2)
s 13B(5)
offence to which this section applies
amended by 85/2009 Sch 1 cl 14(3)
amended by 14/2015 Sch 1 cl 4
1.12.2015
amended by 62/2016 s 8(2)
s 13BA
inserted by 16/2015 s 10
s 13BA(1)
amended by 45/2020 s 9(1)
s 13BA(2)
amended by 45/2020 s 9(2), (3)
s 13BA(2a)
inserted by 45/2020 s 9(4)
s 13BA(3)
substituted by 45/2020 s 9(4)
s 13BA(5)
amended by 45/2020 s 9(5), (6)
s 13BB
inserted by 38/2018 s 7
1.9.2019
s 13C
s 13C(1)
amended by 16/2015 s 11(1)
amended by 57/2021 s 15
s 13C(2)
amended by 11/2013 s 14(1)
amended by 16/2015 s 11(2)
s 13C(2a)
inserted by 11/2013 s 14(2)
s 13D
s 14
inserted by 107/1986 s 3
5.4.1987
s 14(1a)
inserted by 18/1999 s 9
s 14A
inserted by 16/2015 s 12
s 16
amended by 46/2019 s 9
1.5.2020
s 18
s 18(1)
s 18 amended by 47/1983 s 2(a)–(d)
s 18 redesignated as s 18(1) by 47/1983 s 2(e)
amended by 55/1983 s 3(a), (b)
III and IV deleted by 55/1983 s 3(c)
s 18(2) and (3)
inserted by 47/1983 s 2(e)
s 18A
inserted by 47/1983 s 3
substituted by 96/1985 s 3
1.12.1985
substituted by 18/1999 s 10
ss 19 and 20
deleted by 76/1992 s 5
1.1.1993
s 21 before substitution by 16/2015
substituted by 55/1983 s 4
s 21(3a)
inserted by 37/1993 s 4
s 21(5)
substituted by 27/1995 s 13
10.7.1995
s 21(7)
close relative
amended by 43/2006 s 97(1)
domestic partner
inserted by 43/2006 s 97(2)
deleted by 7/2008 s 13
spouse
substituted by 43/2006 s 97(2)
deleted by 7/2008 s 13
s 21
substituted by 16/2015 s 13
s 21(7)
amended by 18/2017 Sch 2 cl 19
s 23
s 25
substituted by 7/2008 s 14
s 25(1)
amended by 16/2015 s 14(1), (2)
s 25(2)
amended by 16/2015 s 14(3)
s 25(3)
amended by 16/2015 s 14(4)
s 25(4)
amended by 16/2015 s 14(5), (6)
s 25A
inserted by 7/2017 s 53
s 26
s 27
amended by 17/2006 s 113
s 29A
inserted by 48/2007 s 6
17.7.2008
s 29A(1) and (2)
amended by 21/2019 s 13
ss 29B and 29C
inserted by 57/2021 s 16
Pt 3
Pt 3 Div 1
inserted by 7/2008 s 15
s 32
deleted by 9/1979 s 3
s 33
substituted by 50/2005 Sch 1 cl 5
1.1.2006
s 33(1)
amended by 47/2013 s 7(1)—(3)
s 33(2)
amended by 47/2013 s 7(4)
s 34A
substituted by 33/2002 s 9
s 34AB
inserted by 58/2013 s 4
s 34B
deleted by 18/1999 s 11
s 34C
s 34C(1)
s 34C(1a)
contents commencing "Provided that" amended and designated as s 34C(1a) by 44/2003 s 3(1) (Sch 1)
s 34CA
inserted by 32/1988 s 6
substituted by 7/2008 s 16
deleted by 16/2015 s 15
s 34CB
inserted by 7/2008 s 16
s 34H
deleted by 35/2016 s 32
8.9.2016
s 34I before deletion by 7/2008
inserted by 84/1976 s 3
amended by 47/1983 s 4
substituted by 90/1984 s 3
1.1.1985
s 34I(1)
amended by 17/2006 s 114(1)
s 34I(2)
amended by 17/2006 s 114(2)
s 34I(3)
amended by 17/2006 s 114(3)
s 34I(4)
amended by 17/2006 s 114(4)
s 34I(6a)
inserted by 18/1999 s 12
s 34I
deleted by 7/2008 s 17
s 34J
inserted by 41/1991 s 3
16.7.1992
s 34J(2)
substituted by 18/1999 s 13
s 34J(3)
amended by 18/2017 Sch 2 cl 20
s 34K
inserted by 41/1991 s 3
16.7.1992
s 34K(1)
amended by 17/2006 s 115(1)
amended by 18/2017 Sch 2 cl 21(1), (2)
s 34K(2)
amended by 17/2006 s 115(2)
ss 34KA—34KD
inserted by 12/2012 s 41
Pt 3 Div 2
inserted by 7/2008 s 18
s 34LA
inserted by 16/2015 s 16
s 34M
s 34M(4)
amended by 16/2015 s 17
s 34N
s 34N(1)
substituted by 25/2022 s 6(1)
s 34N(2a)
inserted by 25/2022 s 6(2)
Pt 3 Div 3
inserted by 34/2011 s 4
1.6.2012
s 34P
s 34P(2)
amended by 57/2021 s 17
s 34P(4)
amended by 50/2013 s 4
25.11.2013
Pt 3 Div 4
inserted by 43/2020 s 10
Pt 3 Div 5
inserted by 30/2024 s 3
Pt 4
substituted by 39/2015 s 4
Pt 4 Div 1
inserted by 39/2015 s 5
s 35
substituted by 72/1990 s 2
s 35(2)
legislative instrument
amended by 32/2002 Sch cl 2
1.1.2003
s 35A
inserted by 36/2021 Sch 1 cl 2
s 36
amended by 36/2021 Sch 1 cl 3
s 37
amended by 9/1979 s 4
substituted by 72/1990 s 3
s 37A
amended by 36/2021 Sch 1 cl 4
s 37B
amended by 36/2021 Sch 1 cl 5
s 37C
inserted by 9/1979 s 5
s 41
amended by 44/2006 s 21
18.1.2007
Pt 4 Div 2
inserted by 39/2015 s 6
s 42
s 42(1)
amended by 33/2002 s 10
Pt 4 Div 3
inserted by 39/2015 s 7
s 45A before deletion by 39/2015
s 45A(2)
amended by 9/1979 s 6
s 45A
s 45B before deletion by 39/2015
s 45B(3)
amended by 9/1979 s 7
s 45B
s 45C before deletion by 39/2015
inserted by 24/1984 s 2
substituted by 72/1990 s 4
s 45C
Pt 4 Div 4
Pt 5 heading amended by 40/1982 s 5
Pt 5 heading deleted and Pt 4 Div 4 heading inserted by 39/2015 s 9
s 46
substituted by 40/1982 s 6
amended by 39/2015 s 10
bank
(b) and (c) deleted by 33/1999 Sch (item 21)
1.7.1999
ss 47 and 48
substituted by 40/1982 s 6
ss 48A and 48B
deleted by 40/1982 s 6
s 49
s 49(1)
amended by 40/1982 s 7(a)
s 49(1a)
inserted by 40/1982 s 7(b)
amended by 37/1993 s 5
s 49(2)
amended by 40/1982 s 7(c)
s 49(3)—(9)
inserted by 40/1982 s 7(d)
s 50
amended by 40/1982 s 8
s 51
s 51(1)
substituted by 40/1982 s 9
s 52
deleted by 40/1982 s 10
Pt 4 Divs 5—7
inserted by 39/2015 s 11
Pt 5—see Pt 4 Div 4
Pt 6 before deletion by 39/2015
s 55
amended by 18/1999 s 14
s 56
s 56(1)
s 56(2)
amended by 49/1991 Sch 2
s 59
Pt 6
deleted by 39/2015 s 12
Pt 6A before deletion by 39/2015
s 59B
s 59B(1)
amended by 9/1979 s 8
Pt 6A
deleted by 39/2015 s 12
Pt 6B
heading substituted by 45/1988 s 2
s 59D
substituted by 45/1988 s 3
s 59D(1)
authorised South Australian court
amended by 37/1993 s 6(a)
(d) deleted by 37/1993 s 6(a)
foreign court
amended by 37/1993 s 6(b)
s 59D(2)
substituted by 72/1990 s 5
s 59E
substituted by 45/1988 s 4
s 59E(4)
inserted by 37/1993 s 7
s 59F
s 59F(1)
amended by 45/1988 s 5
s 59F(5)
amended by 45/1988 s 5
amended by 72/1990 s 6(a)
s 59F(7)
inserted by 72/1990 s 6(b)
s 59H
amended by 45/1988 s 6
Pt 6C
inserted by 9/1998 s 3
Pt 6C Div 1
s 59IA
South Australian court
amended by 33/2003 Sch (cl 10)
Pt 6C Div 4
inserted by 33/2006 s 4
s 59IQ
s 59IQ(4)
substituted by 62/2016 s 9
s 59IQ(5)
substituted by 62/2016 s 9
amended by 18/2017 Sch 2 cl 22 (The purported amendment to s 59IQ(5)(a) made by Sch 2 is of no effect because the provision does not exist.)
s 59IQ(8)
immediate family
amended by 7/2008 s 19
Pt 7
Pt 7 Div 1
heading inserted by 17/1999 s 3(a)
s 59J
inserted by 26/1992 s 8
Pt 7 Div 2
heading inserted by 17/1999 s 3(b)
s 60
amended by 17/2006 s 116
amended by 26/2013 Sch 1 cl 2
4.7.2013
s 61
deleted by 9/1979 s 9
Pt 7 Div 3
heading inserted by 17/1999 s 3(c)
s 65
s 65(1)
s 65 amended by 9/1979 s 10
s 65 amended and redesignated as s 65(1) by 44/2003 s 3(1) (Sch 1)
s 65(2)
s 65 amended and redesignated as s 65(2) by 44/2003 s 3(1) (Sch 1)
s 65A
inserted by 32/1988 s 7
Pt 7 Div 4
heading inserted by 17/1999 s 3(d)
s 66
s 66(1)
amended by 57/2000 s 25
14.8.2000
s 66(3)
s 67
s 67(1)
amended by 18/1999 s 15
Pt 7 Div 5
heading inserted by 17/1999 s 3(e)
Pt 7 Div 6
heading inserted by 17/1999 s 3(f)
s 67AB
inserted by 9/1979 s 11
s 67AB(1)
amended by 18/1999 s 16(a)
s 67AB(2)
amended by 18/1999 s 16(b)
Pt 7 Div 7
heading inserted by 17/1999 s 3(g)
s 67B
inserted by 65/1978 s 2
Pt 7 Div 8
heading inserted by 17/1999 s 3(h)
s 67C
inserted by 37/1993 s 8
s 67C(2)
amended by 26/1996 s 2
Pt 7 Div 9
inserted by 17/1999 s 4
s 67D
committal proceedings
amended by 18/2017 Sch 2 cl 23
s 67F
s 67F(1)
amended by 17/2006 s 117(1)
s 67F(2)
amended by 17/2006 s 117(2)
s 67F(5)
amended by 17/2006 s 117(3)
s 67F(7)
amended by 17/2006 s 117(4)
s 67F(8)
amended by 17/2006 s 117(5)
Pt 7 Div 10
inserted by 7/2008 s 20
s 67G
s 67G(1)
criminal proceedings
amended by 18/2017 Sch 2 cl 24
s 67H
s 67H(1)
substituted by 16/2015 s 18(1)
amended by 13/2019 s 9
amended by 45/2020 s 10
amended by 1/2025 Sch 1 cl 2
s 67H(3)
inserted by 16/2015 s 18(2)
amended by 21/2019 s 14
s 67HA
inserted by 16/2015 s 19
Pt 7 Div 11
inserted by 57/2021 s 18
Pt 8
Pt 8 Div 1
heading inserted by 107/1984 s 2
s 68
substituted by 47/1983 s 5
court
substituted by 33/2003 Sch (cl 11)
court of summary jurisdiction
inserted by 107/1984 s 3(a)
deleted by 33/2003 Sch (cl 11)
interim suppression order
news media
inserted by 43/1989 s 3(a)
substituted by 18/1999 s 17(a)
newspaper
inserted by 18/1999 s 17(a)
primary court
publish
inserted by 18/1999 s 17(b)
suppression order
substituted by 43/1989 s 3(b)
Pt 8 Div 2
heading inserted by 107/1984 s 4
s 69
substituted by 9/1979 s 12
s 69(1a)
inserted by 32/1988 s 8
amended by 16/2015 s 20
s 69(1b)
inserted by 13/2019 s 10
s 69A
inserted by 107/1984 s 4
substituted by 43/1989 s 4
s 69A(1)
amended by 72/1990 s 7
amended by 18/1999 s 18
s 69A(1a)
inserted by 43/2020 s 11
s 69A(2)
substituted by 30/2006 s 4(1)
s 69A(5)
amended by 17/2006 s 118(1)
s 69A(8)
s 69A(9)
amended by 17/2006 s 118(2)
s 69A(10)—(13)
s 69A(14)
deleted by 30/2006 s 4(2)
s 69AB
inserted by 30/2006 s 5
s 69AB(1)
amended by 18/2017 Sch 2 cl 25
s 69AC
inserted by 30/2006 s 5
s 69B
inserted by 107/1984 s 4
s 69B(1)
amended by 43/1989 s 5(a)
amended by 45/2019 Sch 1 cl 46
1.1.2021
s 69B(3)
amended by 43/1989 s 5(b), (c)
s 70
s 70(1)
substituted by 30/2006 s 6
s 70(1a)
inserted by 30/2006 s 6
s 70(3)
deleted by 33/2003 Sch (cl 12)
s 71
amended by 9/1979 s 13
amended by 40/1982 s 11
Pt 8 Div 3
heading inserted by 107/1984 s 5
s 71A
inserted by 84/1976 s 4
s 71A(1)
amended by 37/1993 s 9
amended by 59/1997 s 6(a)
14.9.1997
amended by 18/1999 s 19(a)
amended by 30/2006 s 7(1)
amended by 44/2012 s 4(1), (2)
amended by 18/2017 Sch 2 cl 26
deleted by 2/2020 s 4(1)
s 71A(2)
amended by 18/1999 s 19(b)
amended by 30/2006 s 7(2)
amended by 44/2012 s 4(3)
amended by 2/2020 s 4(2)
s 71A(2a)
inserted by 2/2020 s 4(3)
s 71A(3)
deleted by 107/1984 s 6(a)
s 71A(3)—(3e)
inserted by 44/2012 s 4(4)
deleted by 2/2020 s 4(4)
s 71A(4)
amended by 32/1988 s 9
amended by 18/1999 s 19(c)
amended by 30/2006 s 7(3)
amended by 44/2012 s 4(5)
s 71A(5)
acquittal
deleted by 107/1984 s 6(b)
newspaper
deleted by 18/1999 s 19(d)
relevant date
substituted by 59/1997 s 6(b)
14.9.1997
amended by 47/2013 s 8(1), (2)
deleted by 2/2020 s 4(5)
relevant time
inserted by 2/2020 s 4(5)
Pt 8 Div 4
heading inserted by 107/1984 s 7
s 71B
inserted by 107/1984 s 7
s 71B(1)
amended by 18/1999 s 20(a)
amended by 7/2008 s 21(1)
s 71B(2)
amended by 30/2006 s 8(1)
amended by 7/2008 s 21(2)
s 71B(3)
amended by 18/1999 s 20(b)
amended by 30/2006 s 8(2)
s 71C
inserted by 37/1993 s 10
s 71C(1)
amended by 18/1999 s 21(a)
amended by 30/2006 s 9
s 71C(2)
substituted by 18/1999 s 21(b)
Pt 8 Div 5
amended by 107/1984 s 8
deleted by 44/2003 s 3(1) (Sch 1)
Pt 8A
inserted by 13/2018 s 3
Pt 9
inserted by 72/1990 s 8
s 73
s 73(1)
s 73 redesignated as s 73(1) by 38/2018 s 8
s 73(2) and (3)
inserted by 38/2018 s 8
Sch 1 before substitution by 58/2013
substituted by 44/2003 s 3(1) (Sch 1)
Sch 1
substituted by 58/2013 s 5
Sch 3
deleted by 55/1983 s 5
Sch 4
heading substituted by 44/2003 s 3(1) (Sch 1)
Transitional etc provisions associated with Act or amendments
Evidence (Settlement Negotiations) Amendment Act 1996
3—Application of amendment
The amendment made by this Act applies to proceedings commenced before or after the commencement of this Act, but does not affect any order made before the commencement of this Act.
Statutes Amendment (Evidence and Procedure) Act 2008
22—Transitional provision
The amendments made by Part 4 of this Act to the Evidence Act 1929 apply to proceedings commenced after the commencement of that Part.
Evidence (Discreditable Conduct) Amendment Act 2011, Sch 1
1—Transitional provision
(1) The amendments made by Part 2 of this Act to the Evidence Act 1929 are intended to apply in respect of—
(b) proceedings for an offence commenced after the commencement of this clause.
(2) An order made by a court under the Evidence Act 1929 as in force immediately before the commencement of this clause will remain in force according to its terms.
Statutes Amendment (Serious and Organised Crime) Act 2012
42—Transitional provision
Sections 34KA, 34KB, 34KC and 34KD of the Evidence Act 1929 as inserted by section 41 of this Act only apply in relation to proceedings commenced after the commencement of section 41.
Statutes Amendment (Vulnerable Witnesses) Act 2015, Sch 1 as amended by Statutes Amendment (Attorney-General's Portfolio) Act 2016, s 27
1—Transitional provision
(1) The amendments made by Part 3 of this Act to the Evidence Act 1929 are intended to apply in respect of—
(b) proceedings for an offence commenced after the commencement of this clause.
(2) An audio visual record of the statement of a witness to whom this subclause applies made to an investigating or other authority before the commencement of section 10 of this Act as part of a formal interview process in relation to the investigation of an alleged offence may, after the commencement of that section, be admitted under section 13BA of the Evidence Act 1929 as evidence in the trial of a charge of the offence as if the recording had been made pursuant to Division 3 of Part 17 of the Summary Offences Act 1953 in accordance with the requirements of that Division.
Section 10 of this Act inserts section 13BA into the Evidence Act 1929.
(3) Subclause (2) applies—
(a) to a witness who is—
(i) a child of or under the age of 14 years; or
(ii) a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions; and
(b) despite section 34LA(2)(c) of the Evidence Act 1929.
Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14
41—Transitional provision
The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).
Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020, Sch 1
2—Transitional provisions—amendments to Evidence Act 1929
(1) Subject to subclause (2), Part 3 Division 4 of the Evidence Act 1929 (as enacted by this Act) applies in relation to—
(b) proceedings for an offence commenced after the commencement of this clause (whether the offence was committed before or after that commencement).
(2) Section 34Y of the Evidence Act 1929 (as enacted by this Act) will be taken not to apply in relation to a trial that commenced before the commencement of this clause.
Statutes Amendment (Stealthing and Consent) Act 2022, Pt 4
7—Transitional provision
The amendments made by this Part apply to proceedings relating to an offence that are commenced after the commencement of this Part, regardless of when the offence occurred.
Historical versions
Reprint No 1—1.7.1991