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Evidence Act 2011
126FApplication—div 3.10.1A
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126F Application—div 3.10.1A
(1) This division extends to a protected confidence made before the
(2) This division does not apply in relation to a proceeding the hearing of
which began before the commencement of this division.
(3) This division does not apply in relation to a protected confidence
within the meaning of the Evidence (Miscellaneous Provisions)
Act 1991, division 4.4.3 (Sexual and family violence offence
proceedings—protection of counselling communications).
Note The Commonwealth Act does not include this subsection.
(4) The court may give a direction under this division in relation to a
protected confidence or protected identity information whether or not
the protected confidence or protected identity information is
privileged under another section of this part or would be privileged
except for a limitation or restriction imposed by that section.
(5) For subsection (2), the hearing of a proceeding has begun if the court
has begun to take oral or written evidence in the proceeding (other
than in relation to bail or any other interlocutory matter).
Note The Commonwealth Act and NSW Act do not include this subsection.