Evidence Bill 2025
Part 11 Repeal, savings and transitional provisions
Division 2 Savings and transitional provisions
s. 412
page 312
(2) A reference in any other written law or in any instrument to a1
provision of the former Act is to be read, from the repeal day, as2
a reference to the provision of this Act that, having regard to the3
reference and context in which the reference occurs, most nearly4
corresponds to the provision of the former Act.5
(3) This section does not apply in relation to a proceeding, a6
hearing of a proceeding or other matter to which this Act does7
not apply.8
412. Transitional regulations9
(1) In this section —10
specified means specified or described in the regulations;11
transitional matter —12
(a) means a matter or issue of a transitional nature that13
arises as a result of —14
(i) the repeal of the former Act; or15
(ii) an amendment made under Part 12; or16
(iii) the enactment of this Act;17
and18
(b) includes a savings or application matter or issue.19
(2) If there is not sufficient provision in this Division for dealing20
with a transitional matter, regulations may prescribe anything21
required, necessary or convenient to be prescribed in relation to22
the matter.23
(3) Without limiting subsection (2), regulations made for the24
purposes of that subsection may provide that specified25
provisions of this Act —26
(a) do not apply to, or in relation to, a specified matter or27
thing; or28
(b) apply with specified modifications to, or in relation to, a29
specified matter or thing.30
Evidence Bill 2025
Repeal, savings and transitional provisions Part 11
Savings and transitional provisions Division 2
s. 412
page 313
(4) If regulations made for the purposes of subsection (2) provide1
that a specified state of affairs is taken to have existed, or not to2
have existed, on and from a day that is earlier than the day on3
which the regulations are published in accordance with the4
Interpretation Act 1984 section 41(1)(a) but not earlier than the5
day on which this section comes into operation, the regulations6
have effect according to their terms.7
(5) If regulations made for the purposes of subsection (2) contain a8
provision of a kind described in subsection (4), the provision9
does not operate so as to —10
(a) affect, in a manner prejudicial to any person (other than11
the State or an authority of the State), the rights of that12
person existing before the day of publication of those13
regulations; or14
(b) impose liabilities on any person (other than the State or15
an authority of the State) in respect of anything done or16
omitted to be done before the day of publication of those17
regulations.18
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 1 Aquatic Resources Management Act 2016 amended
s. 413
page 314
Part 12 — Consequential amendments to other Acts1
Division 1 — Aquatic Resources Management Act 2016 amended2
413. Act amended3
This Division amends the Aquatic Resources Management4
Act 2016.5
414. Section 240 amended6
In section 240(4) delete “Evidence Act 1906.” and insert:7
8
Evidence Act 2025.9
10
Division 2 — Australia and New Zealand Banking Group11
Act 1970 amended12
415. Act amended13
This Division amends the Australia and New Zealand Banking14
Group Act 1970.15
416. Section 10 deleted16
Delete section 10.17
417. Section 18 deleted18
Delete section 18.19
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Australia and New Zealand Banking Group Limited (NMRB)
Act 1991 amended
Division 3
s. 418
page 315
Division 3 — Australia and New Zealand Banking Group Limited1
(NMRB) Act 1991 amended2
418. Act amended3
This Division amends the Australia and New Zealand Banking4
Group Limited (NMRB) Act 1991.5
419. Section 10 amended6
Delete section 10(2) and (3).7
420. Section 18 amended8
Delete section 18(2) and (3).9
421. Section 19 amended10
Delete section 19(2) and (3).11
Division 4 — Australia and New Zealand Banking Group Limited12
(Town & Country) Act 1995 amended13
422. Act amended14
This Division amends the Australia and New Zealand Banking15
Group Limited (Town & Country) Act 1995.16
423. Section 11 amended17
Delete section 11(2) and (3).18
Division 5 — Bank of Western Australia Act 1995 amended19
424. Act amended20
This Division amends the Bank of Western Australia Act 1995.21
425. Section 33 amended22
Delete section 33(2) and (3).23
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 6 Child Care Services Act 2007 amended
s. 426
page 316
Division 6 — Child Care Services Act 2007 amended1
426. Act amended2
This Division amends the Child Care Services Act 2007.3
427. Section 44 amended4
In section 44 delete “Evidence Act 1906.” and insert:5
6
Evidence Act 2025.7
8
Note: The heading to amended section 44 is to read:9
Evidence Act 2025 not affected10
428. Section 46A inserted11
After section 46 insert:12
13
46A. Interaction with protections in Evidence Act 202514
(1) In this section —15
child care record has the meaning given in16
section 46(1);17
protected communication has the meaning given in the18
Evidence Act 2025 section 165(1);19
protected disclosure provisions means the Evidence20
Act 2025 Part 4 Division 3.21
(2) If a child care record contains a protected22
communication —23
(a) a party to a criminal proceeding cannot require24
the production or disclosure of the protected25
communication except with the leave of the26
court in accordance with the protected27
disclosure provisions; and28
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Children and Community Services Act 2004 amended Division 7
s. 429
page 317
(b) section 46(3) and (4) do not apply to the1
production of the child care record in the2
criminal proceeding.3
(3) Section 46(5) to (8) apply to a child care record4
containing a protected communication that is produced5
in a criminal proceeding with the leave of the court6
under the protected disclosure provisions, or to enable7
the court to determine an application for leave under8
the protected disclosure provisions, as if the child care9
record had been produced in response to a requirement10
under section 46(2).11
(4) Section 46(5) to (8) apply to a document containing12
any protected information (as defined in the Education13
and Care Services National Law (Western Australia)14
section 273(3)) that is produced in a criminal15
proceeding with the leave of the court under the16
protected disclosure provisions, or to enable the court17
to determine an application for leave under the18
protected disclosure provisions, as if —19
(a) the document were a child care record; and20
(b) the document had been produced in response to21
a requirement under section 46(2).22
23
Division 7 — Children and Community Services Act 200424
amended25
429. Act amended26
This Division amends the Children and Community Services27
Act 2004.28
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 7 Children and Community Services Act 2004 amended
s. 430
page 318
430. Section 149 amended1
Delete section 149(2) and insert:2
3
(2) Subsection (1) is subject to —4
(a) any order made in respect of the child under the5
Children’s Court of Western Australia Act 19886
section 31; and7
(b) the Evidence Act 2025 Part 7.8
9
431. Section 238A inserted10
After section 238 insert:11
12
238A. Interaction with protections in Evidence Act 202513
(1) In this section —14
departmental record has the meaning given in15
section 238(1);16
protected communication has the meaning given in the17
Evidence Act 2025 section 165(1);18
protected disclosure provisions means the Evidence19
Act 2025 Part 4 Division 3.20
(2) If a departmental record contains a protected21
communication —22
(a) a party to a criminal proceeding cannot require23
the production of the departmental record24
except with the leave of the court in accordance25
with the protected disclosure provisions; and26
(b) section 238(3) and (4) do not apply to the27
production of the departmental record in the28
criminal proceeding.29
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Control of Vehicles (Off-road Areas) Act 1978 amended Division 8
s. 432
page 319
(3) Section 238(5) to (8) apply to a departmental record1
that is produced in a criminal proceeding with the leave2
of the court under the protected disclosure provisions,3
or to enable the court to determine an application for4
leave under the protected disclosure provisions, as if5
the departmental record had been produced in response6
to a requirement under section 238(2).7
8
432. Section 239 amended9
After section 239(4) insert:10
11
(5) This section operates in addition to any restrictions on12
the disclosure of a protected communication (as13
defined in the Evidence Act 2025 section 165(1)) that14
are imposed by the Evidence Act 2025 Part 415
Division 3.16
17
Division 8 — Control of Vehicles (Off-road Areas) Act 197818
amended19
433. Act amended20
This Division amends the Control of Vehicles (Off-road Areas)21
Act 1978.22
434. Section 28A amended23
In section 28A(1)(b) delete “made pursuant to section 106 of the24
Evidence Act 1906,”.25
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 9 Corruption, Crime and Misconduct Act 2003 amended
s. 435
page 320
Division 9 — Corruption, Crime and Misconduct Act 20031
amended2
435. Act amended3
This Division amends the Corruption, Crime and Misconduct4
Act 2003.5
436. Section 3 amended6
In section 3(1) delete the definition of record and insert:7
8
record includes anything that is a document as defined9
in the Evidence Act 2025 section 6(1) and (2);10
11
437. Section 94 amended12
In section 94(6) delete “under section 21 of the Evidence13
Act 1906.” and insert:14
15
in cross-examination under section 52 of the Evidence Act 202516
(including any questioning permitted under section 47(1)(c) of17
that Act).18
19
438. Section 145 amended20
In section 145(2) delete “under section 21 of the Evidence21
Act 1906.” and insert:22
23
in cross-examination under section 52 of the Evidence Act 202524
(including any questioning permitted under section 47(1)(c) of25
that Act).26
27
Evidence Bill 2025
Consequential amendments to other Acts Part 12
The Criminal Code amended Division 10
s. 439
page 321
Division 10 — The Criminal Code amended1
439. Act amended2
This Division amends The Criminal Code.3
440. Sections 540 and 541 deleted4
Delete sections 540 and 541.5
Division 11 — Criminal Investigation Act 2006 amended6
441. Act amended7
This Division amends the Criminal Investigation Act 2006.8
442. Section 48 amended9
In section 48(4) and (5) delete “section 155.” and insert:10
11
the Evidence Act 2025 section 204.12
13
443. Section 118 amended14
In section 118(3)(b)(ii) delete “section 155.” and insert:15
16
the Evidence Act 2025 section 204.17
18
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 11 Criminal Investigation Act 2006 amended
s. 444
page 322
444. Part 11A inserted1
After section 124 insert:2
3
Part 11A — Creating recorded statements for4
use as evidence5
124A. Terms used6
In this Part —7
offence includes a suspected offence;8
recorded statement has the meaning given in the9
Evidence Act 2025 section 239;10
statement admissibility regulations has the meaning11
given in the Evidence Act 2025 section 241(1).12
124B. Police officer may create recorded statement for use13
as evidence14
(1) A police officer may create a recorded statement from15
a person who is reasonably suspected to be the victim16
of an offence for use as evidence under the Evidence17
Act 2025 Part 7 Division 4 in a proceeding to which18
that Division applies.19
(2) The police officer may create the recorded statement20
only if —21
(a) the police officer is qualified to create a22
recorded statement under the statement23
admissibility regulations; and24
(b) the person making the statement to the police25
officer has reached 18 years of age.26
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Criminal Investigation Act 2006 amended Division 11
s. 444
page 323
(3) The police officer must, before interviewing the person1
about the offence in a recorded statement, advise the2
person —3
(a) that the recorded statement may be used in4
evidence at a hearing; and5
(b) that the person may be called to give evidence6
in cross-examination or in further examination;7
and8
(c) about the access that the accused will have to9
the recorded statement if a proceeding is10
commenced.11
124C. Consent of person making statement12
(1) A police officer must not create a recorded statement13
from a person for use as evidence under the Evidence14
Act 2025 Part 7 Division 4 without the consent of the15
person making the statement.16
(2) The person is not obliged to give that consent.17
124D. Recordings to be retained by police18
(1) The Commissioner of Police must keep any recorded19
statement created by a police officer for use as20
evidence under the Evidence Act 2025 Part 721
Division 4, or a copy of it, in safe custody for at least22
10 years.23
(2) If the Supreme Court is satisfied there is good cause to24
keep a recorded statement for more than 10 years, it25
may order the Commissioner of Police to keep the26
recorded statement for an additional period set by the27
Court.28
(3) The Commissioner of Police must ensure that the29
prosecutor in any proceedings in which the recorded30
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 11 Criminal Investigation Act 2006 amended
s. 445
page 324
statement may be admitted as the evidence in chief of a1
person is given a copy of the statement.2
(4) The Commissioner of Police may, in writing, authorise3
a person to destroy a recorded statement after the4
expiry of the period for which it must be kept.5
(5) The person is authorised to destroy a recorded6
statement in accordance with the direction of the7
Commissioner of Police.8
(6) The powers conferred by this section are subject to any9
regulations referred to in the Evidence Act 202510
section 249.11
12
445. Section 138 amended13
In section 138(2)(b) delete “suspect;” and insert:14
15
suspect that the arrested suspect does not have to say or do16
anything but that anything the arrested suspect does say or do17
may be used in evidence;18
19
446. Section 154 amended20
Delete section 154(2)(d) and insert:21
22
(d) the court decides otherwise under the Evidence23
Act 2025 section 204; or24
25
447. Section 155 deleted26
Delete section 155.27
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Criminal Procedure Act 2004 amended Division 12
s. 448
page 325
Division 12 — Criminal Procedure Act 2004 amended1
448. Act amended2
This Division amends the Criminal Procedure Act 2004.3
449. Section 42 amended4
In section 42(1) in the definition of evidentiary material5
paragraph (a)(iii) delete “Evidence Act 1906” and insert:6
7
Evidence Act 20258
9
450. Section 64 amended10
Delete section 64(1)(d) and insert:11
12
(d) permit the accused to make any admission or13
give any consent under the Evidence Act 202514
section 368;15
16
451. Section 88 amended17
(1) In section 88(1) in the definition of proceedings delete18
“Evidence Act 1906,” and insert:19
20
Evidence Act 2025,21
22
(2) After section 88(5) insert:23
24
(5A) The operation of this section is subject to the Evidence25
Act 2025.26
27
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 12 Criminal Procedure Act 2004 amended
s. 452
page 326
452. Section 98 amended1
Delete section 98(2)(g) and insert:2
3
(g) may permit the accused to make any admission4
or give any consent under the Evidence5
Act 2025 section 368;6
7
453. Section 109 amended8
Delete section 109(1) and insert:9
10
(1) The judge may at any time make an order under the11
Evidence Act 2025 section 64 that the jury inspect a12
place or thing and may give any orders necessary for13
the inspection to take place.14
15
Note: The heading to amended section 109 is to read:16
Inspection by jury17
454. Section 119 amended18
Delete section 119(2).19
455. Section 137A amended20
Delete section 137A(a) and insert:21
22
(a) section 137B; and23
(aaa) the Evidence Act 2025 sections 166, 236(10),24
242(3), 254(3), 300(1) and 400(2); and25
26
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Criminal Procedure Act 2004 amended Division 12
s. 456
page 327
456. Section 137B inserted1
After section 137A insert:2
3
137B. Restrictions on disclosure of recorded evidence4
(1) In this section —5
evidentiary material has the meaning given by6
section 42;7
serve, a person, means to serve the person in8
accordance with Schedule 2 clause 2, 3 or 4.9
(2) A prosecutor must not serve on an accused a copy of10
any recording or recorded statement if —11
(a) it is a recording to which Schedule 3 clause 812
applies; or13
(b) the accused is not entitled to be in possession of14
the recording or recorded statement under the15
Evidence Act 202516
section 236(10), 242(3), 254(3), 300(1)17
or 400(2).18
(3) If another provision of this Act requires a prosecutor to19
serve on an accused evidentiary material that is a copy20
of a recording or a recorded statement, and21
subsection (2) applies to the copy of the recording or22
recorded statement, the prosecutor must comply with23
that requirement by —24
(a) serving a copy of the recording or recorded25
statement on the accused’s legal practitioner; or26
(b) if the accused is not represented by a legal27
practitioner —28
(i) serving a transcript of the recording or29
recorded statement on the accused; and30