Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 12 Criminal Procedure Act 2004 amended
s. 457
page 328
(ii) giving the accused a reasonable1
opportunity to view the recording or2
recorded statement in accordance with3
any applicable requirements of the4
Evidence Act 2025.5
(4) A prosecutor who complies with subsection (3) is6
taken, for the purposes of this Act, to have served a7
copy of the relevant evidentiary material on the8
accused.9
(5) This section applies to any relevant authorised officer10
(as defined in section 80) who is required by this Act to11
serve evidentiary material on an accused in the same12
way as it applies to a prosecutor.13
14
457. Section 144 amended15
In section 144(2) delete “Evidence Act 1906” and insert:16
17
Evidence Act 202518
19
458. Section 168 amended20
Delete section 168(4) and insert:21
22
(4) Subsection (1) does not affect the operation of the23
Evidence Act 2025 sections 357 to 359.24
25
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Criminal Procedure Act 2004 amended Division 12
s. 459
page 329
459. Section 171 amended1
(1) In section 171(4):2
(a) in paragraph (c) delete “offence.” and insert:3
4
offence;5
6
(b) after paragraph (c) insert:7
8
(d) order that robes not be worn by any judge or9
magistrate, or any legal practitioners, during the10
whole of the proceedings, or a part of them11
specified by the court.12
13
(2) After section 171(6) insert:14
15
(6A) An order made under subsection (4)(a) may allow any16
persons or class of persons excluded or directed to17
leave to observe or listen to the whole or part of the18
proceedings by means of a video link or audio link.19
20
460. Section 172 amended21
In section 172(2) delete “Evidence Act 1906” and insert:22
23
Evidence Act 202524
25
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 12 Criminal Procedure Act 2004 amended
s. 461
page 330
461. Schedule 3 clause 2 replaced1
Delete Schedule 3 clause 2 and insert:2
3
2. Evidence Act 2025 not affected4
This Schedule is in addition to and does not limit the5
operation of the Evidence Act 2025.6
7
462. Schedule 3 clause 6 amended8
Delete Schedule 3 clause 6(3) and insert:9
10
(3) A court conducting an examination of a witness under this11
clause is not prevented from making orders under the12
Evidence Act 2025 Part 7 in relation to the witness.13
14
463. Schedule 3 clause 7 amended15
In Schedule 3 clause 7(1):16
(a) in paragraph (e) delete “witness.” and insert:17
18
witness; or19
20
(b) after paragraph (e) insert:21
22
(f) that all the parties consent to the statement or23
recording being admitted as the whole or part of the24
evidence in chief of the witness and that the witness25
is available to give further evidence in the26
proceeding if required.27
28
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Criminal Procedure Act 2004 amended Division 12
s. 464
page 331
464. Schedule 3 clause 8 inserted1
After Schedule 3 clause 7 insert:2
3
8. Access of accused to some recorded evidence restricted4
(1) In this clause —5
special procedure for giving evidence has the meaning6
given in the Evidence Act 2025 section 228(1).7
(2) A court that conducts an examination under clause 6 must8
not give to the accused a copy of an electronic recording of9
a witness’s evidence at the examination if —10
(a) the evidence of the witness at the examination is11
given using a special procedure for giving evidence;12
or13
(b) the court considers that any evidence of the witness14
at trial may be given using a special procedure for15
giving evidence.16
(3) If this clause prevents the court from giving an accused a17
copy of an electronic recording of a witness’s evidence, the18
court must comply with clause 6(7) by —19
(a) giving a copy of the recording to the accused’s legal20
practitioner; or21
(b) if the accused is not represented by a legal22
practitioner, giving a transcript of the recording to23
the accused.24
(4) If an accused is not given a copy of an electronic recording25
of evidence given at an examination under clause 6 because26
the accused is not represented by a legal practitioner, the27
recording of evidence is not admissible in evidence under28
clause 7 unless the court is satisfied that the prosecutor has29
given the accused a reasonable opportunity to view the30
recording (if it is an audio visual recording) or to hear the31
recording (if it is an audio recording).32
33
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 13 Criminal Property Confiscation Act 2000 amended
s. 465
page 332
Division 13 — Criminal Property Confiscation Act 20001
amended2
465. Act amended3
This Division amends the Criminal Property Confiscation4
Act 2000.5
466. Sections 109A to 109E inserted6
After section 109 insert:7
8
109A. Terms used9
(1) In this section and sections 109B to 109D —10
business record means a book of account or other11
document prepared or used in the ordinary course of a12
business for the purpose of recording any matter13
relating to the business;14
derived means derived, by the use of a computer or15
otherwise, by calculation, comparison, selection,16
sorting, consolidation or by accounting, statistical or17
logical procedures;18
qualified person, in relation to a statement, means a19
person who —20
(a) if the statement is not admissible in evidence21
unless made by an expert on the subject of the22
statement — was at the time of making of the23
statement such an expert; or24
(b) otherwise — had, at the time of making of the25
statement, or may reasonably be supposed to26
have had at that time, personal knowledge of27
the matters dealt with by the statement;28
statement includes any representation of fact or29
opinion whether made in words or otherwise.30
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Criminal Property Confiscation Act 2000 amended Division 13
s. 466
page 333
(2) A reference in subsection (1) to a business includes a1
reference to the following —2
(a) a profession, calling, occupation, trade or3
undertaking;4
(b) an activity engaged in or carried on by the5
Commonwealth, a State or a Territory;6
(c) an activity engaged in or carried on by the7
government of a foreign country;8
(d) an activity engaged in or carried on by a person9
or body holding office or exercising power10
under or because of the Commonwealth11
Constitution, an Australian law or a law of a12
foreign country, being an activity engaged in or13
carried on in the performance of the functions14
of the office or in the exercise of the power15
(otherwise than in a private capacity);16
(e) the proceedings of an Australian Parliament, a17
House of an Australian Parliament, a committee18
of a House of an Australian Parliament or a19
committee of an Australian Parliament;20
(f) the proceedings of a legislature of a foreign21
country, including a House or committee22
(however described) of a legislature of a23
foreign country.24
(3) A reference in subsection (1) to a business also25
includes a reference to each of the following —26
(a) a business that is not engaged in or carried on27
for profit;28
(b) a business engaged in or carried on outside29
Australia.30
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 13 Criminal Property Confiscation Act 2000 amended
s. 466
page 334
109B. Admissibility of business records1
(1) Subsection (2) applies if, in a proceeding under this2
Act, oral evidence of a fact or opinion would be3
admissible.4
(2) A statement in a document and tending to establish the5
fact or opinion is, on production of the document,6
admissible as evidence of that fact or opinion, if —7
(a) the statement is, or directly or indirectly8
reproduces, or is derived from, a business9
record; and10
(b) the court is satisfied that the business record is11
a genuine business record.12
(3) If a statement referred to in subsection (2) is made by a13
qualified person, that person must not be called as a14
witness unless the court otherwise orders.15
(4) This section —16
(a) makes a statement admissible despite —17
(i) the hearsay rule as defined in the18
Evidence Act 2025 section 3(1); and19
(ii) the rules against secondary evidence of20
the contents of a document; and21
(iii) if applicable, the fact that the person22
who made the statement, or the person23
who made a statement from which the24
information in the statement is25
reproduced or derived, is a witness in26
the proceeding (whether or not the27
person gives evidence consistent or28
inconsistent with the statement); and29
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Criminal Property Confiscation Act 2000 amended Division 13
s. 466
page 335
(iv) if applicable, the fact that the statement1
is in such a form that it would not be2
admissible if given as oral evidence;3
but4
(b) does not make admissible a statement that is5
otherwise inadmissible.6
(5) For the purpose of deciding under subsection (2)7
whether or not a statement is admissible as evidence,8
the court may draw any reasonable inference from —9
(a) the form of contents of the document10
containing the statement; or11
(b) any other circumstances.12
109C. Weight of evidence admitted under s. 109B13
(1) This section applies to a court estimating the weight, if14
any, to be given to a statement admitted as evidence in15
a proceeding under section 109B.16
(2) The court must have regard to all the circumstances17
from which any inference can reasonably be drawn as18
to the accuracy or otherwise of the statement,19
including —20
(a) the question of whether or not the statement21
was made contemporaneously with the22
occurrence or existence of the facts stated; and23
(b) the question of whether or not the qualified24
person, or any person concerned with making25
or keeping the document containing the26
statement, had any incentive to conceal or27
misrepresent the facts; and28
(c) the question of whether or not the information29
in the statement was of a kind that was30
collected systematically; and31
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 13 Criminal Property Confiscation Act 2000 amended
s. 466
page 336
(d) the question of whether or not the information1
in the statement was collected under a duty to2
do so; and3
(e) if the statement wholly or partly reproduces or4
is derived from information from 1 or more5
devices — the reliability of the device or6
devices; and7
(f) if the statement reproduces or is derived from8
any information — the reliability of the means9
of reproduction or derivation.10
109D. Evidence as to credibility of qualified persons11
(1) This section applies if —12
(a) a statement is admitted as evidence in a13
proceeding under section 109B; and14
(b) the qualified person who made the statement is15
not called as a witness in the proceeding.16
(2) Evidence that, if the qualified person had been called,17
would have been admissible under the Evidence18
Act 2025 Part 3 Division 7 Subdivision 2 for the19
purpose of destroying or supporting the person’s20
credibility, is admissible in the proceeding for that21
purpose.22
(3) Evidence tending to prove that, whether before or after23
the qualified person made the statement, the person24
made another statement (whether orally, in a document25
or otherwise) inconsistent with the statement, is26
admissible in the proceeding for the purpose of27
showing that the person has contradicted themself.28
(4) Nothing in subsection (2) or (3) allows evidence to be29
given of a matter if, had the qualified person been30
called as a witness and denied the matter in31
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Criminal Property Confiscation Act 2000 amended Division 13
s. 466
page 337
cross-examination, evidence of that matter could not1
have been adduced by the cross-examining party.2
(5) Evidence proving that the qualified person has been3
convicted of an indictable offence is admissible in the4
proceeding to the same extent as it would be if —5
(a) the person had been called; and6
(b) on being questioned as to whether or not the7
person had been convicted of an indictable8
offence the person had —9
(i) denied the fact; or10
(ii) not admitted the fact; or11
(iii) refused to answer the question.12
109E. Dispute as to happening of event13
(1) Subsection (2) applies if —14
(a) in a proceeding under this Act the happening of15
an event of a particular kind is in question; and16
(b) a system has been followed of making and17
keeping a record of the occurrence of all events18
of that kind.19
(2) Oral or other evidence to establish that there is no20
record of the happening of the event is admissible in21
the proceeding to prove that the event did not happen.22
(3) If evidence is, or is proposed to be, tendered in a23
proceeding under subsection (2), the court may —24
(a) order that the whole or part of the record be25
produced; and26
(b) if the order is not complied with —27
(i) reject the evidence; or28
(ii) if the evidence has been received,29
exclude it.30
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 14 High Risk Serious Offenders Act 2020 amended
s. 467
page 338
(4) Subsection (5) applies to a court estimating the weight,1
if any, to be given to evidence admitted in a proceeding2
under subsection (2).3
(5) The court must have regard to all the circumstances4
from which any inference can reasonably be drawn as5
to the accuracy or otherwise of the evidence, including6
whether or not any person concerned with the making7
or keeping of the relevant record had any incentive to8
omit recording the happening of the event in question.9
10
467. Glossary clause 1 amended11
In the Glossary clause 1 delete the definition of document and12
insert:13
14
document has the meaning given in the Evidence Act 202515
section 6(1) and (2);16
17
Division 14 — High Risk Serious Offenders Act 2020 amended18
468. Act amended19
This Division amends the High Risk Serious Offenders20
Act 2020.21
469. Section 39 amended22
Delete section 39(5)(a) and insert:23
24
(a) the Evidence Act 2025 sections 166, 236(10),25
242(3), 254(3), 300(1) and 400(2); and26
27
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Juries Act 1957 amended Division 15
s. 470
page 339
470. Section 69 amended1
Delete section 69(3)(d) and insert:2
3
(d) a decision under the Evidence Act 20254
section 169 to give or refuse leave to disclose5
or require disclosure of a protected6
communication in or in connection with a7
restriction order application;8
Division 15 — Juries Act 1957 amended9
471. Act amended10
This Division amends the Juries Act 1957.11
472. Part VIII heading amended12
In the heading to Part VIII delete “View,” and insert:13
14
Inspections and15
16
473. Section 51 amended17
(1) In section 51(1):18
(a) delete “an order,” and insert:19
20
an order under the Evidence Act 2025 section 64,21
22
(b) delete “have a view of ” and insert:23
24
inspect25
26
Evidence Bill 2025
Part 12 Consequential amendments to other Acts
Division 16 Licensed Surveyors Act 1909 amended
s. 474
page 340
(c) delete “the view” and insert:1
2
the inspection3
4
(2) In section 51(2) and (3) delete “viewers” and insert:5
6
inspectors7
8
Note: The heading to amended section 51 is to read:9
Inspection by jury on a civil trial10
Division 16 — Licensed Surveyors Act 1909 amended11
474. Act amended12
This Division amends the Licensed Surveyors Act 1909.13
475. Section 8B amended14
In section 8B delete “section 11 of the Evidence Act 1906,” and15
insert:16
17
the Evidence Act 2025 section 186,18
19
476. Third Schedule amended20
In the Third Schedule delete “And I make this solemn declaration21
by virtue of section 106 of the Evidence Act 1906.”.22
Evidence Bill 2025
Consequential amendments to other Acts Part 12
Privacy and Responsible Information Sharing Act 2024
amended
Division 17
s. 477
page 341
Division 17 — Privacy and Responsible Information Sharing1
Act 2024 amended2
477. Act amended3
This Division amends the Privacy and Responsible Information4
Sharing Act 2024.5
478. Section 158 amended6
Delete section 158(1)(b)(i) and insert:7
8
(i) the identity of a person who is a9
complainant (as defined in the Evidence10
Act 2025 section 3(1)) in relation to a11
sexual offence (as defined in12
section 3(1) of that Act); or13
14
Division 18 — Restraining Orders Act 1997 amended15
479. Act amended16
This Division amends the Restraining Orders Act 1997.17
480. Section 53B replaced18
Delete section 53B and insert:19
20
53B. Evidence of children21
(1) In this section —22
pre-recording procedure has the meaning given in the23
Evidence Act 2025 section 228(1);24
video link separation procedure has the meaning given25
in the Evidence Act 2025 section 3(1).26