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Evidence Act 2011
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 an ACT court, including
proceedings that—
(a) relate to bail; or
(b) are interlocutory proceedings or proceedings of a similar kind;
or
(c) are heard in chambers; or
(d) subject to subsection (2), relate to sentencing.
(2) If a proceeding relates to sentencing—
(a) this Act applies only if the court directs that the law of evidence
applies in the proceeding; and
(b) if the court states in the direction that the law of evidence applies
only in relation to stated matters—the direction has effect
accordingly.
(3) The court must make a direction under this section if—
(a) a party to the proceeding applies for the direction in relation to
the proof of a fact; and
(b) in the court’s opinion, the proceeding involves proof of the fact,
and the fact is or will be significant in deciding a sentence to be
imposed in the proceeding.
(4) The court must make a direction under this section if the court
considers it appropriate in the interests of justice.
Note This section differs from the Commonwealth Act, s 4.
Application of this Act Part 1.2