Part 2Other expressions

Part 2 Other expressions 1 References to businesses (1) A reference in this Act to a business includes a reference to the (a) a profession, calling, occupation, trade or undertaking; (b) an activity engaged in or carried on by the Crown in any of its capacities; (c) an activity engaged in or carried on by the government of a foreign country; (d) an activity engaged in or carried on by a person or body holding office or exercising power under or because of the Commonwealth Constitution, an Australian law or a law of a foreign country, being an activity engaged in or carried on in the performance of the functions of the office or in the exercise of the power (otherwise than in a private capacity); (e) the proceedings of an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament; (f) the proceedings of a legislature of a foreign country, including a House or committee (however described) of such a legislature. (2) A reference in this Act to a business also includes a reference to: (a) a business that is not engaged in or carried on for profit; and (b) a business engaged in or carried on outside Australia. Evidence (National Uniform Legislation) Act 2011 148 2 References to examination in chief, cross-examination and re-examination (1) A reference in this Act to examination in chief of a witness is a reference to the questioning of a witness by the party who called the witness to give evidence, not being questioning that is re-examination. (2) A reference in this Act to cross-examination of a witness is a reference to the questioning of a witness by a party other than the party who called the witness to give evidence. (3) A reference in this Act to re-examination of a witness is a reference to the questioning of a witness by the party who called the witness to give evidence, being questioning (other than further examination in chief with the leave of the court) conducted after the cross- examination of the witness by another party. (4) If a party has recalled a witness who has already given evidence, a reference in this Act to re-examination of a witness does not include a reference to the questioning of the witness by that party before the witness is questioned by another party. 3 References to civil penalties For the purposes of this Act, a person is taken to be liable to a civil penalty if, in an Australian or overseas proceeding (other than a criminal proceeding), the person would be liable to a penalty arising under an Australian law or a law of a foreign country. 4 Unavailability of persons (1) For the purposes of this Act, a person is taken not to be available to give evidence about a fact if: (a) the person is dead; or (b) the person is, for any reason other than the application of section 16 (Competence and compellability – judges and jurors), not competent to give the evidence; or (c) the person is mentally or physically unable to give the evidence and it is not reasonably practicable to overcome that inability; or (d) it would be unlawful for the person to give the evidence; or (e) a provision of this Act prohibits the evidence being given; or Evidence (National Uniform Legislation) Act 2011 149 (f) all reasonable steps have been taken, by the party seeking to prove the person is not available, to find the person or secure his or her attendance, but without success; or (g) all reasonable steps have been taken, by the party seeking to prove the person is not available, to compel the person to give the evidence, but without success. (2) In all other cases the person is taken to be available to give evidence about the fact. 5 Unavailability of documents and things For the purposes of this Act, a document or thing is taken not to be available to a party if and only if: (a) it cannot be found after reasonable inquiry and search by the (b) it was destroyed by the party, or by a person on behalf of the party, otherwise than in bad faith, or was destroyed by another (c) it would be impractical to produce the document or thing during the course of the proceeding; or (d) production of the document or thing during the course of the proceeding could render a person liable to conviction for an (e) it is not in the possession or under the control of the party and: (i) it cannot be obtained by any judicial procedure of the court; or (ii) it is in the possession or under the control of another party to the proceeding concerned who knows or might reasonably be expected to know that evidence of the contents of the document, or evidence of the thing, is likely to be relevant in the proceeding; or (iii) it was in the possession or under the control of such a party at a time when that party knew or might reasonably be expected to have known that such evidence was likely to be relevant in the proceeding. Evidence (National Uniform Legislation) Act 2011 150 6 Representations in documents For the purposes of this Act, a representation contained in a document is taken to have been made by a person if: (a) the document was written, made or otherwise produced by the (b) the representation was recognised by the person as his or her representation by signing, initialling or otherwise marking the 7 Witnesses (1) A reference in this Act to a witness includes a reference to a party giving evidence. (2) A reference in this Act to a witness who has been called by a party to give evidence includes a reference to the party giving evidence. (3) A reference in this clause to a party includes a defendant in a criminal proceeding. 8 References to documents A reference in this Act to a document includes a reference to: (a) any part of the document; and (b) any copy, reproduction or duplicate of the document or of any part of the document; and (c) any part of such a copy, reproduction or duplicate. 8A References to offices etc. In this Act: (a) a reference to a person appointed or holding office under or because of an Australian law or a law of the Commonwealth includes a reference to an APS employee within the meaning of the Public Service Act 1999 (Cth); and (b) in that context, a reference to an office is a reference to a position occupied by the APS employee concerned, and a reference to an officer includes a reference to a Secretary, or APS employee, within the meaning of the Act. Evidence (National Uniform Legislation) Act 2011 151 9 References to laws (1) A reference in this Act to a law of the Commonwealth, a State, a Territory or a foreign country is a reference to a law (whether written or unwritten) of or in force in that place. (2) A reference in this Act to an Australian law is a reference to an Australian law (whether written or unwritten) of or in force in Australia. 10 References to children and parents (1) A reference in this Act to a child of a person includes a reference to: (a) an adopted child or ex-nuptial child of the person; and (b) a child living with the person as if the child were a member of the person's family. (2) A reference in this Act to a parent of a person includes a reference to: (a) an adoptive parent of the person; and (b) if the person is an ex-nuptial child – the person's natural father; and (c) the person with whom a child is living as if the child were a member of the person's family. 11 References to de facto partners This clause is not needed because of the definition of de facto partner in section 19A(3) of the Interpretation Act 1978. Evidence (National Uniform Legislation) Act 2011 152 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Evidence (National Uniform Legislation) Act 2011 (Act No. 33, 2011) Assent date 15 November 2011 Commenced 1 January 2013 (Gaz G51, 19 December 2012, p 4) Evidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act No. 23, 2012) Assent date 21 November 2012 Commenced 1 January 2013 (Gaz G51, 19 December 2012, p 4) Evidence (National Uniform Legislation) Amendment Act 2013 (Act No. 4, 2013) Assent date 14 March 2013 Commenced 2 April 2013 (Gaz S14, 2 April 2013) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Independent Commissioner Against Corruption (Consequential and Related Amendment) Act 2018 (Act No. 3, 2018) Assent date 21 February 2018 Commenced 30 November 2018 (s 2, s 2 Independent Commissioner Against Corruption Act 2017 (Act No. 23, 2017) and Gaz S94, Evidence (National Uniform Legislation) Amendment (Journalist Privilege) Act 2018 (Act No. 7, 2018) Assent date 19 April 2018 Commenced 20 April 2018 (s 2) Evidence (National Uniform Legislation) Act 2011 153 Births, Deaths and Marriages Registration and Other Legislation Amendment 2018 (Act No. 30, 2018) Assent date 5 December 2018 Commenced 6 December 2018 (s 2) Evidence (National Uniform Legislation) Amendment Act 2021 (Act No. 2, 2021) Assent date 5 March 2021 Commenced 1 April 2021 (Gaz G13, 31 March 2021, p 1) Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2) Justice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33, 2023) Assent date 6 December 2023 Commenced 25 March 2024 (Gaz S18, 22 March 2024) Amending Legislation Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024) Assent date 14 March 2024 Commenced pt 5, div 1: 30 October 2023 (s 2(2)); pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022) and Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024); rem: 15 March 2024 (s 2(1)) Attorney-General Legislation Amendment Act 2025 (Act No. 14, 2025) Assent date 6 June 2025 Commenced 1 August 2025 (Gaz G14, 10 July 2025, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 19, 21, 22, 23, 24, 128A, 129, 171 and 194 and sch and dict. 4 LIST OF AMENDMENTS s 4 amd No. 3, 2018, s 107 s 10A ins No. 7, 2018, s 4 s 19 amd No. 4, 2013, s 4; No. 33, 2023, s 55 s 73 amd No. 30, 2018, s 18 s 81 amd No. 14, 2025, s 33 s 94 amd No. 2, 2021, s 4 s 97A ins No. 2, 2021, s 5 s 98 amd No. 2, 2021, s 6 s 101 amd No. 2, 2021, s 7 pt 3.10 div 1A note amd No. 7, 2018, s 6 Evidence (National Uniform Legislation) Act 2011 154 s 127A ins No. 7, 2018, s 5 s 160 amd No. 7, 2018, s 7 s 196 rep No. 8, 2016, s 22 ch 6 hdg ins No. 23, 2012, s 4 ss 198 – 212 ins No. 23, 2012, s 4 s 213 exp No. 23, 2012, s 213(5) ch 7 hdg ins No. 4, 2013, s 5 ss 214 – 215 ins No. 4, 2013, s 5 ch 8 hdg ins No. 7, 2018, s 8 s 216 ins No. 7, 2018, s 8 amd No. 4, 2023, s 23 ss 217 – 218 ins No. 7, 2018, s 8 ch 9 hdg ins No. 30, 2018, s 19 s 219 ins No. 30, 2018, s 19 ch 10 hdg ins No. 2, 2021, s 8 ss 220 – 223 ins No. 2, 2021, s 8 ch 11 hdg ins No. 33, 2023, s 55 ss 224 – 225 ins No. 33, 2023, s 55 dict amd No. 7, 2018, s 9