NORTHERN TERRITORY OF AUSTRALIA
EVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012
As in force at 14 November 2023
Table of provisions
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Exceptions to hearsay rule – notice of intention to adduce
evidence of previous representations .............................................. 1
5 Address of person named in notice under regulation 4 –
criminal proceedings ........................................................................ 3
6 Tendency rule and coincidence rule – form of notices..................... 3
7 Address of person named in notice under regulation 6 –
criminal proceedings ........................................................................ 4
7A Judicial entity ................................................................................... 4
8 Forms .............................................................................................. 4
Schedule Forms
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 14 November 2023
EVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012
Regulations under the Evidence (National Uniform Legislation) Act 2011
1 Citation
These Regulations may be cited as the Evidence (National Uniform
Legislation) Regulations 2012.
2 Commencement
These Regulations commence on the commencement of
section 197 of the Evidence (National Uniform Legislation)
Act 2011.
3 Definitions
In these Regulations:
address includes a private, business or official address.
notifying party, in relation to a notice, means the person giving the
notice.
4 Exceptions to hearsay rule – notice of intention to adduce
evidence of previous representations
(1) For the purposes of section 67(1) of the Act, a notice given under
that section (a notice of previous representation) must state:
(a) the substance of evidence of a previous representation that
the notifying party intends to adduce; and
(b) the substance of all other relevant representations made by
the person who made that previous representation, so far as
they are known to the notifying party; and
(c) particulars of:
(i) the date, time and place at, and the circumstances in
which, each of the representations mentioned in
paragraph (a) or (b) was made; and
Evidence (National Uniform Legislation) Regulations 2012 2
(ii) the names of the persons by whom, and the persons to
whom, each of those representations was made; and
(iii) in a civil proceeding, the address of each person named
under subparagraph (ii), so far as it is known to the
notifying party.
(2) If a notifying party intends to rely on:
(a) section 63(2)(a) or (b) of the Act; or
(b) section 65(2)(a), (b), (c) or (d) of the Act; or
(c) section 65(3)(a) or (b) of the Act; or
(d) section 65(8)(a) or (b) of the Act;
the party's notice of previous representation must state particulars
of the facts on the basis of which it is alleged that the person who
made a representation referred to in the notice is not available to
testify concerning the fact to be proved by adducing evidence of
that representation.
(3) If a notifying party intends to rely on section 64(2)(a) or (b) of the
Act, the party's notice of previous representation must state
particulars of the facts that the party will rely on to establish the
grounds specified in section 64(2) of the Act.
(4) If a notice of previous representation refers to a previous
representation that is in writing:
(a) a copy of the document, or of the relevant portion of the
document, containing the representation must be attached to
the notice; and
(b) the notice must identify the document unless the identity of the
document is apparent on the face of the copy attached to the
notice.
(5) If a copy of a document, or of a portion of a document, is attached
to a notice of previous representation, it is a sufficient compliance
for the purposes of subregulation (1)(a) to specify in the notice, or in
the copy of a document or portion of a document attached to the
notice, the representation evidence of which the notifying party
intends to adduce.
Evidence (National Uniform Legislation) Regulations 2012 3
5 Address of person named in notice under regulation 4 –
criminal proceedings
(1) On the application of a party in a criminal proceeding, the court may
make an order directing the notifying party to disclose the address
of any person named in a notice given under regulation 4 by whom,
or to whom, a representation referred to in the notice was made if
the court is satisfied that:
(a) the address is relevant to the offence charged; and
(b) one of the following applies:
(i) disclosure is not likely to present a reasonably
ascertainable risk to the welfare or physical safety of any
person;
(ii) the interests of justice outweigh any risk referred to in
subparagraph (i).
(2) A direction given under subregulation (1) may be given on such
terms as the court thinks fit.
6 Tendency rule and coincidence rule – form of notices
(1) For the purposes of section 99 of the Act, a notice given under
section 97(1)(a) of the Act (relating to the tendency rule) must state:
(a) the substance of the evidence that the notifying party intends
to adduce; and
(b) if that evidence consists of, or includes, evidence of the
conduct of a person, particulars of:
(i) the date, time and place at, and the circumstances in
which, the conduct occurred; and
(ii) the name of each person who saw, heard or otherwise
perceived the conduct; and
(iii) in a civil proceeding, the address of each person named
under subparagraph (ii), so far as it is known to the
notifying party.
(2) For the purposes of section 99 of the Act, a notice given under
section 98(1)(a) (relating to the coincidence rule) must state:
(a) the substance of the evidence of the occurrence of two or
more events that the notifying party intends to adduce; and
Evidence (National Uniform Legislation) Regulations 2012 4
(b) particulars of:
(i) the date, time and place at, and the circumstances in
which, each of those events occurred; and
(ii) the name of each person who saw, heard or otherwise
perceived each of those events; and
(iii) in a civil proceeding, the address of each person named
under subparagraph (ii), so far as it is known to the
notifying party.
7 Address of person named in notice under regulation 6 –
criminal proceedings
(1) On the application of a party in a criminal proceeding, the court may
make an order directing the notifying party to disclose the address
of any person named in a notice given under regulation 6 who saw,
heard or otherwise perceived conduct or events referred to in the
notice if the court is satisfied that:
(a) the address is relevant to the offence charged; and
(b) one of the following applies:
(i) disclosure is not likely to present a reasonably
ascertainable risk to the welfare or physical safety of any
person; or
(ii) the interests of justice outweigh any risk referred to in
subparagraph (i).
(2) A direction given under subregulation (1) may be given on such
terms as the court thinks fit.
7A Judicial entity
For the purposes of the Dictionary to the Act, definition judicial
entity, paragraph (b), the ICAC is prescribed.
8 Forms
The forms in the Schedule are prescribed for the purposes of the
provisions of the Act specified in the forms.
Schedule Forms
Evidence (National Uniform Legislation) Regulations 2012 5
Schedule Forms
regulation 8
FORM 1
[ heading as in originating process ]
CERTIFICATE UNDER SECTION 128 1/128A 1 OF EVIDENCE (NATIONAL
UNIFORM LEGISLATION) ACT 2011
This Court certifies under section 128 1/128A 1 of the Evidence (National
Uniform Legislation) Act 2011 that evidence in these proceedings by [ name of
witness ] on [ date or dates], a record of which is attached to this certificate, is
evidence 1/information 1 to which section 128(7)1/128A(8)1 of that Act applies.
Date: _________________
Signature of Judge
Note
1Section 128(7) of the Evidence (National Uniform Legislation) Act 2011 reads as follows:
(7) In any proceeding in a Territory court or before any person or body authorised by
a law of the Territory, or by consent of parties, to hear, receive and examine
evidence:
(a) evidence given by a person in respect of which a certificate under this
section has been given; and
(b) any information, document or thing obtained as a direct or indirect
consequence of the person having given evidence;
cannot be used against the person. However, this does not apply to a criminal
proceeding in respect of the falsity of the evidence.
1Section 128A(8) of the Evidence (National Uniform Legislation) Act 2011 reads as follows:
(8) In any proceeding in a Territory court:
(a) evidence of information disclosed by a relevant person in respect of which
a certificate has been given under this section; and
(b) evidence of any information, document or thing obtained as a direct result
or indirect consequence of the relevant person having disclosed that
information;
cannot be used against the person. However, this does not apply to a criminal
proceeding in respect of the falsity of the evidence concerned.
Notes for completing form
1 Delete as appropriate.
2 A transcript, or other record, of the evidence is to be attached to this certificate, and
duly authenticated by the court or its proper officer.
Schedule Forms
Evidence (National Uniform Legislation) Regulations 2012 6
FORM 2
[ heading as in originating process ]
AFFIDAVIT OF MEMBER OF STATE OR TERRITORY POLICE FORCE
CONCERNING FINGERPRINTS UNDER SECTION 179 OF EVIDENCE
(NATIONAL UNIFORM LEGISLATION) ACT 2011
I, [ name ] of [ address ], a member of the police force of [ State or Territory ]
make oath and say1/do solemnly and sincerely affirm 2:
I am a fingerprint expert for the police force of [ State or Territory ].
I have examined the fingerprint card marked for identification with the
letter "A".
I have compared the fingerprints shown on that card with the fingerprints
shown on the fingerprint card in the records held by the police force of
[ State or Territory ] showing the fingerprints of [ name of person and any
alias ].
The fingerprints on those cards are identical.
According to the records of the police force of [ State or Territory ], which
I believe to be accurate, [ name of person ] was convicted in that [ State
or Territory ] of the following offence(s) – [ state offence(s) ].
Annexed to this affidavit and marked with the letters [ insert an
alphabetical sequence of letters, commencing at "B", corresponding to
the number of annexures ], are certified copies or certificates of
conviction for each of those convictions.
From an examination of the records referred to above, I believe that the
person referred to in each annexed certified copy or certificate as having
been convicted of the offence stated in it is identical with the person
whose fingerprints are shown on the fingerprint cards referred to in
paragraph 3 of this affidavit.
Made 1/Sworn 2/affirmed 2 at [ place ] ______on [ date ] ____________
By [ signature of deponent ] _________________________________
Witnessed by
Signature ______________________________________
Justice of the peace 3/commissioner for oaths3
Name ______________________________________
Address or phone no. _________________________________
Notes for completing form
1 This phrase must be used if the affidavit is made in the Northern Territory and may be
used if the affidavit is sworn outside of the Northern Territory.
2 This phrase must not be used if the affidavit is made in the Northern Territory.
Schedule Forms
Evidence (National Uniform Legislation) Regulations 2012 7
3 Delete as appropriate for affidavits made in the Northern Territory or insert the title of
the proper officer if the affidavit is made outside the Northern Territory.
4 An affidavit made in the Northern Territory must comply with the Oaths, Affidavits and
Statutory Declarations Act 2010.
Schedule Forms
Evidence (National Uniform Legislation) Regulations 2012 8
FORM 3
[ heading as in originating process ]
AFFIDAVIT OF MEMBER OF AUSTRALIAN FEDERAL POLICE
CONCERNING FINGERPRINTS UNDER SECTION 180 OF EVIDENCE
(NATIONAL UNIFORM LEGISLATION) ACT 2011
I, [ name of deponent ] of [ address of deponent ], a member1/special
member1/staff member1 of the Australian Federal Police, make oath and
say2/do solemnly and sincerely affirm 3:
I am a fingerprint expert for the Australian Federal Police.
I have examined the fingerprint card marked for identification with the
letter "A".
I have compared the fingerprints shown on that card with the fingerprints
shown on the fingerprint card in the records held by the Australian
Federal Police showing the fingerprints of [ name of person and alias, if
any ].
The fingerprints on those cards are identical.
According to the records of the Australian Federal Police, which I believe
to be accurate, [ name of person ] was convicted of the following
offence(s) against a law of the Commonwealth: [ state offence(s) ].
Annexed to this affidavit and marked with the letters [ insert an
alphabetical sequence of letters, commencing at "B", corresponding to
the number of annexures ], are certified copies or certificates of
conviction for each of those convictions.
From an examination of the records referred to above, I believe that the
person referred to in each annexed certified copy or certificate as having
been convicted of the offence stated in it is identical with the person
whose fingerprints are shown on the fingerprint cards referred to in
paragraph 3 of this affidavit.
Made 2/Sworn 3/affirmed 3 at [ place ] ______on [ date ] ____________
By [ signature of deponent ] _________________________________
Witnessed by
Signature ______________________________________
Justice of the peace 4/commissioner for oaths4
Name ______________________________________
Address or phone no. _________________________________
Notes for completing form
1 Delete as appropriate.
Schedule Forms
Evidence (National Uniform Legislation) Regulations 2012 9
2 This phrase must be used if the affidavit is made in the Northern Territory and may be
used if the affidavit is sworn outside of the Northern Territory.
3 This phrase must not be used if the affidavit is made in the Northern Territory.
4 Delete as appropriate for affidavits made in the Northern Territory or insert the title of
the proper officer if the affidavit is made outside the Northern Territory.
5 An affidavit made in the Northern Territory must comply with the Oaths, Affidavits and
Statutory Declarations Act 2010.
Schedule Forms
Evidence (National Uniform Legislation) Regulations 2012 10
FORM 4
CERTIFICATE OF CONVICTIONS, ACQUITTALS AND OTHER JUDICIAL
PROCEEDINGS UNDER SECTION 178 OF EVIDENCE (NATIONAL
UNIFORM LEGISLATION) ACT 2011
I, [ name ], being a [ title of office 1 ] of the [ applicable court 2 ] certify that,
according to the records of the Court,
3 on [ date ] at [ venue of Court ] [ name of person ] was
convicted/acquitted/sentenced 4 of [ particulars of conviction/
acquittal/sentence] .
3 on [ date ] [ name of person ] is/was4 a party to the following proceeding
before the Court – [ particulars of proceeding, including names of parties
and nature of proceeding ].
3 on [ date ] at [ venue of Court ] in [ proceedings5 ] between [ name of
parties ] the following order was made by the Court – [ terms of order ].
Date: _________________
Signature of [ title of office 1 ]
Notes for completing form
1 Insert "Judge", "Registrar" or title of other proper officer.
2 Insert name of applicable court and jurisdiction (if outside the Northern Territory).
3 Delete paragraphs as appropriate.
4 Delete as appropriate.
5 Set out the nature of the proceedings.
ENDNOTES
Evidence (National Uniform Legislation) Regulations 2012 11
ENDNOTES
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) Regulations (SL No. 46, 2012)
Notified 14 December 2012
Commenced 1 January 2013 (r 2, s 2 Evidence (National Uniform
Legislation) Act 2011 (Act No. 33, 2012) and Gaz G51,
19 December 2012, p 4)
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 Amendment Act 2023 (Act No. 29,
2023)
Assent date 13 November 2023
Commenced s 45: 2 January 2024 (s 2(2)); rem: 14 November 2023
(s 2(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: rr 1 and 2 and Sch.
4 LIST OF AMENDMENTS
r 7A ins Act No. 29, 2023, s 56
sch amd Act No. 8, 2016, s 45