Evidence Bill 2025
Adducing evidence Part 2
Documents Division 2
s. 60
page 53
(3) If the party adduces evidence of the contents of a document1
under subsection (1)(a), the evidence may only be used —2
(a) in respect of the party’s case against the other party who3
made the admission concerned; or4
(b) in respect of the other party’s case against the party who5
adduced the evidence in that way.6
(4) A party may adduce evidence of the contents of a document in7
question that is not available to the party, or the existence and8
contents of which are not in issue in the proceeding, by —9
(a) tendering a document that is a copy of, or an extract10
from or summary of, the document in question; or11
(b) adducing from a witness evidence of the contents of the12
document in question.13
Compare:14
Evidence Act 1906 s. 73A15
Evidence Act 1995 (Commonwealth) s. 4816
60. Documents in foreign countries17
Section 59(1)(b), (c), (d), (e) or (f) does not apply to a document18
that is in a foreign country unless —19
(a) the party who adduces evidence of the contents of the20
document in question has, not less than 28 days (or any21
other period prescribed by the regulations or by rules of22
court for the purposes of this section) before the day on23
which the evidence is adduced, served on each other24
party a copy of the document proposed to be tendered;25
or26
(b) the court directs that it applies.27
Compare:28
Evidence Act 1995 (Commonwealth) s. 4929
Evidence Bill 2025
Part 2 Adducing evidence
Division 3 Other ways of adducing evidence
s. 61
page 54
61. Original document rule abolished1
The principles and rules of common law that relate to the means2
of proving the contents of documents are abolished.3
Compare:4
Evidence Act 1995 (Commonwealth) s. 515
62. Copies of dutiable instruments6
(1) In this section —7
duties Act means the Stamp Act 1921 or the Duties Act 2008;8
stamped means stamped or duty endorsed under a duties Act.9
(2) If a document (the original document) is chargeable with duty10
or required to be stamped, a copy of the original document is11
not admissible in a civil proceeding unless the court is satisfied12
that —13
(a) the copy shows or establishes, or it is otherwise14
established, that the original document was stamped as15
required by the duties Act concerned; or16
(b) the provisions of the duties Act concerned that enable17
the admission, or use, in a civil proceeding of a18
document that is not stamped as required by that Act are19
complied with as if the copy were the original20
document.21
(3) This section extends to a civil proceeding before a person acting22
judicially.23
Compare:24
Evidence Act 1906 s. 73U25
Division 3 — Other ways of adducing evidence26
63. Adducing of other evidence not affected27
This Act (other than this Division) does not affect the operation28
of any Australian law or rule of practice so far as it permits29
Evidence Bill 2025
Adducing evidence Part 2
Other ways of adducing evidence Division 3
s. 64
page 55
evidence to be adduced in a way other than by witnesses giving1
evidence or documents being tendered in evidence.2
Compare:3
Evidence Act 1995 (Commonwealth) s. 524
64. Demonstrations, experiments and inspections5
(1) A court may, on application, order that a demonstration,6
experiment or inspection be held in or outside the courtroom.7
(2) A court must not make an order unless the court is satisfied8
that —9
(a) the parties will be given a reasonable opportunity to be10
present; and11
(b) the judge and, if there is a jury, the jury will be present.12
(3) Without limiting the matters that the court may take into13
account in deciding whether to make an order, the court must14
take into account the following —15
(a) whether the parties will be present;16
(b) whether the demonstration, experiment or inspection17
will, in the court’s opinion, assist the court in resolving18
issues of fact or understanding the evidence;19
(c) the danger that the demonstration, experiment or20
inspection might —21
(i) be unfairly prejudicial; or22
(ii) be misleading or confusing; or23
(iii) cause or result in undue waste of time;24
(d) in the case of a demonstration — the extent to which the25
demonstration will properly reproduce the conduct or26
event to be demonstrated;27
(e) in the case of an inspection — the extent to which the28
place or thing to be inspected has materially altered.29
Evidence Bill 2025
Part 2 Adducing evidence
Division 3 Other ways of adducing evidence
s. 65
page 56
(4) The court (including, if there is a jury, the jury) must not1
conduct an experiment in the course of its deliberations.2
(5) This section does not apply in relation to the inspection of an3
exhibit by the court or, if there is a jury, by the jury.4
Compare:5
Evidence Act 1995 (Commonwealth) s. 536
65. Demonstrations, experiments and inspections to be evidence7
A court (including, if there is a jury, the jury) may draw any8
reasonable inference from what it sees, hears or otherwise9
notices during a demonstration, experiment or inspection.10
Compare:11
Evidence Act 1995 (Commonwealth) s. 5412
66. Charts, summaries and explanatory documents13
(1) Evidence may be given in the form of a chart, summary or other14
explanatory document if it appears to the court that the15
document would be likely to aid comprehension of other16
evidence that has been given or is to be given.17
(2) This section does not affect the operation of section 67.18
Compare:19
Evidence Act 1906 s. 27A20
67. Court may require voluminous or complex evidence to be21
given in another form22
(1) If a court is satisfied that any oral or documentary evidence that23
a party proposes to adduce is so complex or voluminous that it24
would be difficult to assess or comprehend, the court may direct25
the party to adduce the evidence wholly or partly in another26
form, including in the form of a chart, summary or other27
explanatory document.28
Evidence Bill 2025
Adducing evidence Part 2
Other ways of adducing evidence Division 3
s. 67
page 57
(2) The court may make a direction under this section on its own1
initiative or on the application of a party.2
(3) The direction may include directions about the form in which3
evidence must be given.4
(4) The direction must also contain directions to ensure that each5
other party —6
(a) is served with —7
(i) copies of the evidence in the form in which the8
evidence must be given; and9
(ii) the name and address of the person who prepared10
the evidence in that form;11
and12
(b) is given a reasonable opportunity to examine or copy the13
evidence.14
(5) The opinion rule does not apply to evidence adduced in15
accordance with a direction under this section.16
Compare:17
Evidence Act 1906 s. 27B18
Evidence Act 1995 (Commonwealth) s. 5019
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 1 Relevance
s. 68
page 58
Part 3 — Admissibility of evidence1
Division 1 — Relevance2
68. Relevant evidence3
(1) The evidence that is relevant in a proceeding is evidence that, if4
it were accepted, could rationally affect (directly or indirectly)5
the assessment of the probability of the existence of a fact in6
issue in the proceeding.7
(2) In particular, evidence cannot be considered irrelevant only8
because it relates only to —9
(a) the credibility of a witness; or10
(b) the admissibility of other evidence; or11
(c) a failure to adduce evidence.12
Compare:13
Evidence Act 1995 (Commonwealth) s. 5514
69. Relevant evidence to be admissible15
(1) Except as otherwise provided by this Act, evidence that is16
relevant in a proceeding is admissible in the proceeding.17
(2) Evidence that is not relevant in the proceeding is not admissible.18
Compare:19
Evidence Act 1995 (Commonwealth) s. 5620
70. Provisional relevance21
(1) If the determination of the question whether evidence adduced22
by a party is relevant depends on the court making another23
finding (including a finding that the evidence is what the party24
claims it to be), the court may find that the evidence is25
relevant —26
(a) if it is reasonably open to make that finding; or27
Evidence Bill 2025
Admissibility of evidence Part 3
Hearsay Division 2
s. 71
page 59
(b) subject to further evidence being admitted at a later1
stage of the proceeding that will make it reasonably2
open to make that finding.3
(2) Without limiting subsection (1), if the relevance of evidence of4
an act done by a person depends on the court making a finding5
that the person and 1 or more other persons had, or were acting6
in furtherance of, a common purpose (whether to effect an7
unlawful conspiracy or otherwise), the court may use the8
evidence itself in determining whether the common purpose9
existed.10
Compare:11
Evidence Act 1995 (Commonwealth) s. 5712
71. Inferences as to relevance13
(1) If a question arises as to the relevance of a document or thing,14
the court may examine it and may draw any reasonable15
inference from it, including an inference as to its authenticity or16
identity.17
(2) Subsection (1) does not limit the matters from which inferences18
may properly be drawn.19
Compare:20
Evidence Act 1995 (Commonwealth) s. 5821
Division 2 — Hearsay22
Subdivision 1 — Hearsay rule23
72. Hearsay rule: exclusion of hearsay evidence24
(1) Evidence of a previous representation made by a person is not25
admissible to prove the existence of a fact that it can reasonably26
be supposed that the person intended to assert by the27
representation (an asserted fact).28
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 2 Hearsay
s. 73
page 60
(2) For the purposes of determining under subsection (1) whether it1
can reasonably be supposed that the person intended to assert a2
particular fact by the representation, the court may have regard3
to the circumstances in which the representation was made.4
Note for this subsection:5
This subsection relates to the decision of the Supreme Court of New6
South Wales in R. v Hannes (2000) 158 FLR 359.7
(3) Subsection (1) does not apply to evidence of a representation8
contained in a certificate or other document given or made9
under regulations made under an Act (other than this Act) to the10
extent to which the regulations under that Act provide that the11
certificate or other document has evidentiary effect.12
Examples for this section:13
D is the accused in a sexual offence trial. W has made a statement to14
the police that X told W that X had seen D leave a nightclub with the15
complainant shortly before the sexual offence is alleged to have16
occurred. Unless an exception to the hearsay rule applies, evidence of17
what X told W cannot be given at the trial.18
P had told W that the handbrake on W’s car did not work. Unless an19
exception to the hearsay rule applies, evidence of that statement20
cannot be given by P, W or anyone else to prove that the handbrake21
was defective.22
W had bought an electronic device and written down its serial number23
on a document. Unless an exception to the hearsay rule applies, the24
document is inadmissible to prove that an electronic device later found25
in D’s possession was the electronic device bought by W.26
Compare:27
Evidence Act 1995 (Commonwealth) s. 5928
Exception: evidence relevant for non-hearsay purpose29
(1) The hearsay rule does not apply to evidence of a previous30
representation that is admitted because it is relevant for a31
purpose other than proof of an asserted fact.32
Evidence Bill 2025
Admissibility of evidence Part 3
Hearsay Division 2
s. 74
page 61
(2) This section applies whether or not the person who made the1
representation had personal knowledge of the asserted fact (as2
defined in section 75(2)).3
Note for this subsection:4
This subsection relates to the decision of the High Court of Australia in5
Lee v The Queen (1998) 195 CLR 594.6
(3) However, this section does not apply in a criminal proceeding to7
evidence of an admission.8
Compare:9
Evidence Act 1995 (Commonwealth) s. 6010
74. Exceptions to hearsay rule dependent on competency11
(1) This Division does not enable use of a previous representation12
to prove the existence of an asserted fact if, when the13
representation was made, the person who made it was not14
competent to give either sworn or unsworn evidence about the15
fact.16
(2) This section does not apply to a contemporaneous17
representation made by a person about the person’s health,18
feelings, sensations, intention, knowledge or state of mind.19
(3) For the purposes of this section, it is presumed, unless the20
contrary is proved, that when the representation was made the21
person who made it was competent to give evidence about the22
asserted fact.23
Compare:24
Evidence Act 1995 (Commonwealth) s. 6125
Subdivision 2 — First-hand hearsay26
75. Restriction to first-hand hearsay27
(1) A reference in this Subdivision (other than in subsection (2)) to28
a previous representation is a reference to a previous29
representation that was made by a person who had personal30
knowledge of an asserted fact.31
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 2 Hearsay
s. 76
page 62
(2) A person has personal knowledge of the asserted fact if the1
person’s knowledge of the fact was, or might reasonably be2
supposed to have been, based on something that the person saw,3
heard or otherwise perceived, other than a previous4
representation made by another person about the fact.5
(3) For the purposes of section 80, a person has personal6
knowledge of the asserted fact if it is a fact about the person’s7
health, feelings, sensations, intention, knowledge or state of8
mind at the time the representation referred to in that section9
was made.10
Compare:11
Evidence Act 1995 (Commonwealth) s. 6212
76. Exception: civil proceeding if maker not available13
(1) This section applies to a civil proceeding if a person who made14
a previous representation is not available to give evidence about15
an asserted fact.16
(2) The hearsay rule does not apply to —17
(a) evidence of the representation that is given by a person18
who saw, heard or otherwise perceived the19
representation being made; or20
(b) a document so far as it contains the representation, or21
another representation to which it is reasonably22
necessary to refer in order to understand the23
representation.24
Compare:25
Evidence Act 1995 (Commonwealth) s. 6326
77. Exception: civil proceeding if maker available27
(1) This section applies to a civil proceeding if a person who made28
a previous representation is available to give evidence about an29
asserted fact.30
Evidence Bill 2025
Admissibility of evidence Part 3
Hearsay Division 2
s. 78
page 63
(2) The hearsay rule does not apply to the following if it would1
cause undue expense or undue delay, or would not be2
reasonably practicable, to call the person who made the3
representation to give evidence —4
(a) evidence of the representation that is given by a person5
who saw, heard or otherwise perceived the6
representation being made;7
(b) a document so far as it contains the representation, or8
another representation to which it is reasonably9
necessary to refer in order to understand the10
representation.11
(3) If the person who made the representation has been or is to be12
called to give evidence, the hearsay rule does not apply to13
evidence of the representation that is given by —14
(a) that person; or15
(b) a person who saw, heard or otherwise perceived the16
representation being made.17
(4) A document containing a representation to which subsection (3)18
applies must not be tendered before the conclusion of the19
examination in chief of the person who made the representation20
unless the court gives leave.21
Compare:22
Evidence Act 1995 (Commonwealth) s. 6423
78. Exception: criminal proceeding if maker not available24
(1) This section applies to a criminal proceeding if a person who25
made a previous representation is not available to give evidence26
about an asserted fact.27
(2) The hearsay rule does not apply to evidence of a previous28
representation that is given by a person who saw, heard or29
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 2 Hearsay
s. 78
page 64
otherwise perceived the representation being made if the1
representation —2
(a) was made under a duty to make that representation or to3
make representations of that kind; or4
(b) was made when or shortly after the asserted fact5
occurred and in circumstances that make it unlikely that6
the representation is a fabrication; or7
(c) was made in circumstances that make it highly probable8
that the representation is reliable; or9
(d) was —10
(i) against the interests of the person who made it at11
the time it was made; and12
(ii) made in circumstances that make it likely that the13
representation is reliable.14
(3) The hearsay rule does not apply to evidence of a previous15
representation made in the course of giving evidence in an16
Australian or overseas proceeding if, in that proceeding, the17
accused in the proceeding to which this section is being18
applied —19
(a) cross-examined the person who made the representation20
about it; or21
(b) had a reasonable opportunity to cross-examine the22
person who made the representation about it.23
(4) If there is more than 1 accused in the criminal proceeding,24
evidence of a previous representation that is admitted into25
evidence in the criminal proceeding because of subsection (3)26
cannot be used against an accused who did not cross-examine,27
and did not have a reasonable opportunity to cross-examine, the28
person about the representation.29
(5) For the purposes of subsections (3) and (4), an accused is taken30
to have had a reasonable opportunity to cross-examine a person31
if the accused was not present at a time when the32