Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 7 Proof of other matters by certificate or affidavit
s. 360
page 278
AFP special member means a special member of the Australian1
Federal Police as defined in the Australian Federal Police2
Act 1979 (Commonwealth) section 4(1).3
(2) This section applies if an AFP employee or AFP special4
member —5
(a) makes an affidavit in the form prescribed by the6
regulations for the purposes of this section; and7
(b) states in the affidavit that the AFP employee or8
AFP special member is a fingerprint expert for the9
Australian Federal Police.10
(3) For the purpose of proving before a court the identity of a11
person alleged to have been convicted of any offence against a12
law of the Commonwealth, the affidavit is evidence in a13
proceeding that the person whose fingerprints are shown on a14
fingerprint card referred to in the affidavit and marked for15
identification —16
(a) is the person referred to in a certificate of conviction, or17
certified copy of conviction annexed to the affidavit, as18
having been convicted of an offence; and19
(b) was convicted of that offence; and20
(c) was convicted of any other offence of which the person21
is stated in the affidavit to have been convicted.22
Compare:23
Evidence Act 1995 (Commonwealth) s. 18024
360. Forensic biology certificates25
(1) In this section and section 361 —26
examination, of a thing, includes testing the thing;27
forensic scientist means a person appointed under28
section 362(1) as a forensic scientist for the purposes of this29
section;30
thing includes anything in or on or otherwise attached to the31
thing.32
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of other matters by certificate or affidavit Division 7
s. 360
page 279
(2) This section applies to a criminal proceeding.1
(3) A certificate (a forensic biology certificate) purporting to be2
signed by a forensic scientist and stating any of the following3
matters is evidence of the matter —4
(a) that a stated thing was received at a stated laboratory on5
a stated day;6
(b) that the thing was examined at the laboratory on a stated7
day or between stated days;8
(c) that a DNA profile was, or a stated number of DNA9
profiles were, obtained from the thing;10
(d) that a forensic scientist —11
(i) examined the laboratory’s records relating to the12
receipt, storage and examination of the thing,13
including any examination of the thing that was14
done by a person other than the forensic scientist;15
and16
(ii) confirms that the records indicate that all quality17
assurance procedures for the receipt, storage and18
examination of the thing that applied in the19
laboratory at the time the thing was examined20
were complied with.21
(4) In subsection (3) —22
DNA profile means the result from DNA analysis.23
(5) Any equipment used in examining the thing at the laboratory is24
taken to have given accurate results in the absence of evidence25
to the contrary.26
Compare:27
Evidence Act 1906 s. 50B28
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 7 Proof of other matters by certificate or affidavit
s. 361
page 280
361. Procedure for using forensic biology certificates1
(1) In this section and section 362 —2
authorised officer, for a laboratory, means a person who holds3
an office prescribed by the regulations for the purposes of this4
definition in relation to that laboratory.5
(2) In this section —6
forensic biology certificate has the meaning given in7
section 360(3).8
(3) A party who intends to rely on a forensic biology certificate in a9
criminal proceeding must —10
(a) give a copy of the certificate to each other party at least11
14 days before the day set for the start of the trial in the12
proceeding; and13
(b) at the hearing, call the forensic scientist who gave the14
certificate to give evidence, unless the parties agree15
otherwise.16
(4) If the authorised officer for a laboratory receives a written17
request from a party for a copy of the laboratory’s records18
relating to the receipt, storage and examination of the thing19
referred to in a forensic biology certificate, the authorised20
officer must give the party a copy of the records within 10 days21
after receiving the request.22
(5) If a party intends to dispute a matter stated in the forensic23
biology certificate, the party must, at least 7 days before the day24
set for the start of the trial in the proceeding, give the authorised25
officer and each other party written notice of the matter to be26
disputed.27
(6) A party disputing a matter stated in the forensic biology28
certificate may, with the leave of the court, require the party29
relying on the certificate to call any person involved in the30
receipt, storage or examination of the thing referred to in the31
certificate to give evidence at the hearing.32
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of other matters by certificate or affidavit Division 7
s. 362
page 281
(7) The court may give leave only if satisfied —1
(a) that an irregularity may exist in relation to the receipt,2
storage or examination of the thing about which the3
person to be called is able to give evidence; and4
(b) that it is in the interests of justice that the person be5
called to give evidence.6
(8) The court may, by order, extend or shorten a time fixed by this7
section by fixing a new time or by extending or shortening the8
time.9
(9) An application for an order under subsection (8) may be made10
before or after the time fixed by this section expires.11
(10) A document required to be given under this section must be12
given in accordance with any regulations or rules of court made13
for the purposes of this section.14
Compare:15
Evidence Act 1906 s. 50B16
362. Appointment of persons as forensic scientists for purposes of17
s. 36018
(1) The authorised officer for a laboratory may, in writing, appoint19
a person as a forensic scientist for the purposes of section 360 if20
satisfied that the person has the necessary qualifications and21
experience to be a forensic scientist.22
(2) A person may be appointed as a forensic scientist for the23
purposes of section 360 for a fixed or indefinite period.24
(3) The authorised officer for a laboratory may, in writing, revoke25
an appointment under subsection (1) at any time.26
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 8 Proof of particular matters in criminal proceedings
s. 363
page 282
363. Proof of service of statutory notifications, notices, orders1
and directions2
(1) The service, giving or sending under an Australian law of a3
written notification, notice, order or direction may be proved by4
affidavit of the person who served, gave or sent it.5
(2) A person who, for the purposes of a proceeding, makes an6
affidavit referred to in this section is not, because of making the7
affidavit, excused from attending for cross-examination if8
required to do so by a party to the proceeding.9
Compare:10
Evidence Act 1995 (Commonwealth) s. 18111
Division 8 — Proof of particular matters in criminal12
proceedings13
364. Proof of intention to injure, deceive or defraud14
In any criminal proceeding in which it is necessary to prove an15
intention to injure or deceive or defraud, or an intention to16
enable another person to deceive or defraud, it is not necessary17
to prove an intention to injure or deceive or defraud a particular18
person or an intention to enable any particular person to deceive19
or defraud any particular person.20
Compare:21
Evidence Act 1906 s. 2922
365. Evidence of stealing or receiving property from aircraft,23
vehicle, vessel or related premises24
(1) In this section —25
aircraft, vehicle and vessel have the meanings given in The26
Criminal Code section 1(1);27
shipping document includes a bill of lading, manifest, shipping28
receipt, delivery order, packing list, waybill or invoice.29
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of particular matters in criminal proceedings Division 8
s. 365
page 283
(2) This section applies to a criminal proceeding for an offence1
of —2
(a) stealing property from an aircraft, vehicle or vessel; or3
(b) stealing property from any building, structure or place4
used in connection with the docking, loading or5
unloading of an aircraft, vehicle or vessel; or6
(c) receiving any property stolen as referred to in7
paragraph (a) or (b); or8
(d) being in possession of anything that may reasonably be9
suspected of being stolen as referred to in paragraph (a)10
or (b).11
(3) In the proceeding —12
(a) evidence may be given of any writing, printing or marks13
on the property the subject of the proceeding without14
producing or giving notice to produce the original15
writing, printing or marks; and16
(b) any apparently genuine document purporting to be a17
shipping document for the property or for property that18
may reasonably be assumed to be the same as the19
property the subject of the proceeding —20
(i) is admissible in evidence on production and21
without further proof; and22
(ii) is evidence of the particulars contained in the23
document and that the ownership of the property24
is in the consignee referred to in the document or25
an assignee of that consignee.26
(4) In deciding whether any property described in a shipping27
document is the same as the property the subject of the28
proceeding, regard must be had to the following —29
(a) the description of the property in the document;30
(b) any writing, printing or marks on the property, or on any31
package containing the property, as detailed in the32
document;33
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 8 Proof of particular matters in criminal proceedings
s. 366
page 284
(c) the source from which the document was obtained;1
(d) how the document was produced;2
(e) the circumstances in which the document came into the3
custody of the person producing it;4
(f) any other relevant circumstances.5
(5) This section applies if evidence is adduced that the stealing6
occurred in or from a building, structure or place referred to in7
subsection (2)(b), whether or not the building, structure or place8
is specified in the charge for the offence.9
Compare:10
Evidence Act 1906 s. 41A11
366. Proof of stealing money12
In a criminal proceeding for an offence of stealing money —13
(a) an entry in a book of account kept or made by the14
accused, or under the accused’s supervision, that15
purports to be an entry of the receipt of any money is16
evidence that the money was received by the accused;17
and18
(b) it is not necessary to prove that the accused stole a19
specific sum of money if, on an examination of any20
books of account or entries in a book of account kept or21
made by the accused, or under the accused’s22
supervision, or any other evidence —23
(i) there is proof of a general deficiency; and24
(ii) the trier of fact is satisfied that the accused stole25
the deficient money or any part of it.26
Compare:27
Evidence Act 1906 s. 4428
Evidence Bill 2025
Miscellaneous Part 10
s. 367
page 285
Part 10 — Miscellaneous1
367. Inferences2
If a question arises about the application of a provision of this3
Act in relation to a document or thing, the court may —4
(a) examine the document or thing; and5
(b) draw any reasonable inferences from it as well as from6
other matters from which inferences may properly be7
drawn.8
Compare:9
Evidence Act 1995 (Commonwealth) s. 18310
368. Accused may admit matters and give consents11
(1) In or before a criminal proceeding, an accused may —12
(a) admit any matter of fact that a party to a civil13
proceeding may admit; and14
(b) give any consent that a party to a civil proceeding may15
give.16
(2) An accused’s admission or consent is not effective for the17
purposes of subsection (1) unless —18
(a) the accused has been advised to make the admission or19
give the consent by the accused’s legal counsel; or20
(b) the court is satisfied that the accused understands the21
consequences of making the admission or giving the22
consent.23
Compare:24
Evidence Act 1995 (Commonwealth) s. 18425
369. Impounding documents26
(1) A court may direct that a document that has been tendered or27
produced before the court (whether or not it is admitted in28
evidence) must be impounded and kept in the custody of an29
Evidence Bill 2025
Part 10 Miscellaneous
s. 370
page 286
officer of the court or of another person for the period, and1
subject to the conditions, that the court thinks fit.2
(2) This section extends to a proceeding before a person acting3
judicially.4
Compare:5
Evidence Act 1995 (Commonwealth) s. 1886
370. Preliminary questions7
(1) In this section, a preliminary question is a question as to8
whether a particular fact exists, being a question of fact that9
must be decided by the court before it makes a determination as10
to whether —11
(a) evidence should be admitted (whether in the exercise of12
a discretion or not); or13
(b) evidence can be used against a person; or14
(c) a witness is competent or compellable.15
(2) If there is a jury, each of the following preliminary questions16
must be heard and determined in the jury’s absence —17
(a) a question of whether particular evidence is evidence of18
an admission, or evidence to which section 204 applies;19
(b) a question of whether evidence of an admission, or20
evidence to which section 204 applies, should be21
admitted.22
(3) In the hearing of a preliminary question about whether an23
accused’s admission should be admitted into evidence (whether24
in the exercise of a discretion or not) in a criminal proceeding,25
the issue of the admission’s truth or untruth must be disregarded26
unless the issue is introduced by the accused.27
(4) If there is a jury, the jury must not be present at a hearing to28
decide any other preliminary question unless the court otherwise29
orders.30
Evidence Bill 2025
Miscellaneous Part 10
s. 370
page 287
(5) Without limiting the matters that the court may take into1
account in deciding whether to make that order, it must take into2
account —3
(a) whether the evidence to be adduced in the course of that4
hearing is likely to be prejudicial to the accused; and5
(b) whether the evidence concerned will be adduced in the6
course of the hearing to decide the preliminary question;7
and8
(c) whether the evidence to be adduced in the course of that9
hearing would be admitted if adduced at another stage of10
the hearing (other than in another hearing to decide a11
preliminary question or, in a criminal proceeding, a12
hearing in relation to sentencing).13
(6) Section 186 applies to a hearing to decide a preliminary14
question, despite section 186(8).15
(7) In the application of Part 3, 4 or 5 to a hearing to determine a16
preliminary question, the facts in issue are taken to include the17
question of fact to which the hearing relates.18
(8) If a jury in a proceeding was not present at a hearing to19
determine a preliminary question, evidence must not be adduced20
in the proceeding of evidence given by a witness at the hearing21
unless —22
(a) it is inconsistent with other evidence given by the23
witness in the proceeding; or24
(b) the witness has died.25
(9) If, after a hearing under this section, a document or thing is26
ruled admissible as evidence, it is not necessary for the party27
proposing to adduce the evidence to tender the evidence again.28
Compare:29
Evidence Act 1995 (Commonwealth) s. 18930
Evidence Bill 2025
Part 10 Miscellaneous
s. 371
page 288
371. Waiver of rules of evidence1
(1) A court may, if the parties consent, by order dispense with the2
application of any of the following in relation to particular3
evidence or generally —4
(a) the provisions of Part 2 Division 1 Subdivision 3, 4 or 5;5
(b) the provisions of Part 2 Division 2 or 3;6
(c) the provisions of Part 3 Divisions 2 to 8.7
(2) In a criminal proceeding, an accused’s consent is not effective8
for the purposes of subsection (1) unless —9
(a) the accused has been advised to do so by the accused’s10
legal counsel; or11
(b) the court is satisfied that the accused understands the12
consequences of giving the consent.13
(3) In a civil proceeding, the court may order that any of the14
provisions mentioned in subsection (1) do not apply in relation15
to evidence if —16
(a) the matter to which the evidence relates is not genuinely17
in dispute; or18
(b) the application of those provisions would cause or19
involve unnecessary expense or delay.20
(4) Without limiting the matters that the court may take into21
account in deciding whether to exercise the power conferred by22
subsection (3), it must take into account —23
(a) the importance of the evidence in the proceeding; and24
(b) the nature of the cause of action or defence and the25
nature of the subject matter of the proceeding; and26
(c) the probative value of the evidence; and27
(d) the powers of the court (if any) to adjourn the hearing, to28
make another order or to give a direction in relation to29
the evidence.30