126BFalse or misleading statement as to swearing etc. of affidavit 125

126B False or misleading statement as to swearing etc. of affidavit 125 Part VI—Recording of evidence 127 130 Power to person acting judicially to direct that evidence be recorded 127 131 As to methods of recording evidence 128 134 Persons recording evidence under this Part to be officers of the court 128 135 Records made under this Part to be received as prima facie evidence of matter therein contained 129 137 Penalty for falsely recording evidence 130 140 Power to Governor in Council to regulate fees 130 Part VII—Offences relating to false documents and false certificates 132 142 Forgery, using etc. false documents an indictable offence 132 143 Printing or using documents falsely purporting to be printed by government printer an indictable offence 133 144 Giving false certificates an indictable offence 134 145 Interpretation provisions to apply to this Part 134 Part VIII—Miscellaneous 135 149A Admissions of fact in confiscation proceedings 135 151A Supreme Court—limitation of jurisdiction 136 152 Regulations 137 155 Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000 138 156A Transitional provision—Sentencing (Further Amendment) Act 2005 138 158A Transitional provision—Crimes (Sexual Offences) Act 2006 139 159 Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006 140 160 Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008 140 161 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 141 162 Transitional provision—interpretation of references 141 163 Transitional provision—Criminal Procedure Act 2009 142 164 Transitional provision—Inquiries Act 2014 142 165 Validation of certain acts and documents 143 166 Transitional provision—Jury Directions and Other Acts Amendment Act 2017 145 166A Transitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020 145 167 Transitional provision—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 146 168 Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 146 169 Transitional provision—Justice Legislation Amendment (Committals) Act 2025 147 Schedules 149 Second Schedule 150 Endnotes 152 1 General information 152 2 Table of Amendments 154 3 Explanatory details 174 **Version No.** **200** **Evidence (Miscellaneous Provisions) Act 1958** **No. 6246 of 1958** Version incorporating amendments as at **BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):** S. 1 amended by Nos 7324 s. 2, 7366 s. 2(a)–(c), 8003 s. 2(2), 8139 s. 2, 8190 s. 2(2), 8228 s. 7(a)–(c), 8327 s. 2(a), 10074 ss 4(2), 11(3)(a), 57/1989 s. 3(Sch. item 67.1), 69/2009 s. 3. 1 Short title and commencement This Act may be cited as the **Evidence (Miscellaneous Provisions) Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. S. 2 repealed by No. 12/1993 s. 6(a). S. 3 substituted by No. 8228 s. 2(1). 3 Definitions (1) In this Act unless inconsistent with the context or subject-matter— S. 3(1) def. of *authorised deposit-taking institution* inserted by No. 11/2001 s. 3(Sch. item 25.1). ***authorised deposit-taking institution*** has the same meaning as in the Banking Act 1959 of the Commonwealth; ***business*** includes public administration and any business profession occupation calling trade or undertaking whether engaged in or carried on by the Crown, or by a statutory authority, or by any other person, whether or not it is engaged in or carried on for profit; S. 3(1) def. of *child* inserted by No. 2/2006 s. 24(a), amended by No. 11/2021 s. 3. ***child*** means a person who is under the age of 18 years; See section 42C for the meaning of ***child*** for the purposes of Part IIA. S. 3(1) def. of *cognitive impairment* inserted by No. 2/2006 s. 24(a). ***cognitive impairment*** includes impairment because of mental illness, intellectual disability, dementia or brain injury; ***court*** in relation to any legal proceeding, includes a person acting judicially; ***criminal proceedings*** means any proceedings for or with respect to the committal for trial of any person for an indictable offence or the trial of any person for a summary or indictable offence; U.K. 1965 s. 4(1), U.K. 1968 s. 10(1), N.Z. s. 2(c). ***document*** includes, in addition to a document in writing— (a) any book map plan graph or drawing; (b) any photograph; (c) any label marking or other writing which identifies or describes any thing of which it forms part, or to which it is attached by any means whatsoever; (d) any disc tape sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (e) any film negative tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and (f) anything whatsoever on which is marked any words figures letters or symbols which are capable of carrying a definite meaning to persons conversant with them; U.K. 1968 s. 10(1). S. 3(1) def. of *film* amended by No. 10231 s. 4. ***film*** includes a microfilm and a microfiche; S. 3(1) def. of *impaired* inserted by No. 8/1991 s. 7(a), repealed by No. 2/2006 s. 24(b). S. 3(1) def. of *lawyer* inserted by No. 18/2005 s. 18(Sch. 1 item 40.1), amended by No. 17/2014 s. 160(Sch. 2 item 40.1). ***lawyer*** means an Australian lawyer; S. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 40.1), amended by No. 17/2014 s. 160(Sch. 2 item 40.1). ***legal practitioner*** means an Australian legal practitioner; S. 3(1) def. of *legal proceeding* amended by No. 67/2014 s. 147(Sch. 2 item 16.1). ***legal proceeding*** includes any civil criminal or mixed proceeding and any inquiry in which evidence is or may be given before any court or person acting judicially including a Royal Commission or Board of Inquiry under the **Inquiries Act 2014**; S. 3(1) def. of *person acting judiciall*y amended by Nos 57/1989 s. 3(Sch. item 67.2), 24/2008 s. 78(1). ***person acting judicially*** includes any court judge arbitrator Associate Judge and any person or body having by law or by consent of parties authority to hear receive and examine evidence and any officer in any public department having in the discharge of his duties authority to examine evidence; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 59.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *sexual offence* inserted by No. 8/1991 s. 7(b), repealed by No. 47/2016 s. 39. U.K. 1968 s. 10(2). ***statement*** includes any representation of fact whether made in words or otherwise. S. 3(2) substituted by No. 7/2010 s. 7. (2) A reference in this Act to a document includes a reference to— (a) any part of the document; or (b) any copy, reproduction or duplicate of the document or of any part of the document; or (c) any part of such a copy, reproduction or duplicate. Part I—The means of obtaining evidence ss 4–9. Pt 1 Div. 1 (Heading and ss 4–9) amended by Nos 7840 s. 20(a), 110/1986 s. 140(2), 57/1989 s. 3(Sch. item 67.3), substituted as Pt 1 Div. 1 (Heading and ss 4–6) by No. 57/1990 s. 4. Division 1—Orders and commissions to examine witnesses S. 4 substituted by No. 57/1990 s. 4.