TASIn ForceAct
Evidence Act 2001
4Courts and proceedings to which Act applies
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### 4 Courts and proceedings to which Act applies
> > (1) This Act applies to all proceedings in a Tasmanian court including proceedings that –
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> > > > (a) relate to bail; or
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> > > > (b) are interlocutory proceedings or proceedings of a similar kind; or
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> > > > (c) are heard in chambers; or
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> > > > (d) subject to [subsection (2)](#GS4@Gs2@EN) , relate to sentencing.
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> > (2) If a proceeding relates to sentencing –
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> > > > (a) this Act applies only if the court directs that the law of evidence applies in the proceeding; and
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> > > > (b) if the court specifies in the direction that the law of evidence applies only in relation to specified matters, the direction has effect accordingly.
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> > (3) The court must make a direction referred to in [subsection (2)](#GS4@Gs2@EN) if –
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> > > > (a) a party to the proceeding applies for a direction in relation to the proof of a fact; and
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> > > > (b) in the court's opinion, the proceeding involves proof of that fact and the fact is or will be significant in determining a sentence to be imposed in the proceeding.
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> > (4) The court must make a direction if it considers it appropriate in the interest of justice.