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Evidence Act 2008
Part 1Preliminary
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Chapter 1—Preliminary
*Outline of this Act*
This Act sets out the State rules of evidence. Generally speaking, the Act applies to proceedings in State courts and before other persons or bodies required to apply the laws of evidence (see section 4).
Chapter 2 is about how evidence is adduced in proceedings.
Chapter 3 is about admissibility of evidence in proceedings.
Chapter 4 is about proof of matters in proceedings.
Chapter 5 deals with miscellaneous matters.
The Dictionary at the end of this Act defines terms and expressions used in this Act.
Related legislation
This Act is in most respects uniform with the Evidence Act 1995 of the Commonwealth (the ***Commonwealth Act***) and the Evidence Act 1995 of New South Wales (the ***New South Wales Act***). The Acts are drafted in identical terms except so far as differences are identified by appropriate annotations to the texts, and except so far as minor drafting variations are required to accord with the drafting style of each jurisdiction.
If one Act contains a provision that is not included in another Act, there is a gap in the numbering of the other Act in order to maintain consistent numbering for the other provisions.
The Evidence Act 2001 of Tasmania also largely mirrors this legislation, but there are some departures.
Part 1.1—Formal matters