Australian Capital Territory
Evidence Regulation 2012
SL2012-6
made under the
Evidence Act 2011
Republication No 1
Effective: 1 March 2012
Republication date: 1 March 2012
Regulation not amended
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Evidence Regulation 2012, made under the Evidence Act 2011
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 1 March 2012. It also includes any commencement, repeal or expiry affecting
this republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001, s 133).
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Evidence Regulation 2012
made under the
Evidence Act 2011
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Notice of previous representation—Act, s 67 (2) 2
6 Notice of previous representation—written previous representation—
Act, s 67 (2) 3
7 Notice of previous representation—criminal proceeding—Act, s 67 (2) 4
8 Notice of tendency evidence—Act, s 99 4
9 Notice of coincidence evidence—Act, s 99 5
10 Notice of tendency or coincidence evidence—criminal proceeding—
Act, s 99 5
11 Self-incrimination certificates—State and Territory provisions—Act,
s 128 (14) 5
Contents
Page
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12 Self-incrimination certificates—State and Territory provisions—Act,
s 128A (13) 6
13 Fingerprint evidence of identity—affidavits by State or Territory police
officers—Act, s 179 (1) (a) 6
14 Fingerprint evidence of identity—affidavits by Australian Federal Police
officers—Act, s 180 (1) (a) 6
15 Approved forms 6
Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 9
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Australian Capital Territory
Evidence Regulation 2012
made under the
Evidence Act 2011
Section 1
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1 Name of regulation
This regulation is the Evidence Regulation 2012.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of
this regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
5 Notice of previous representation—Act, s 67 (2)
(1) A notice of previous representation must state—
(a) subject to section 6 (2), the substance of evidence of a previous
representation that the notifying party intends to present; and
(b) the substance of all other relevant representations made by the
person who made the previous representation, so far as they are
known to the notifying party; and
(c) so far as they are known to the notifying party, details of—
(i) the date, time, place and circumstances at or in which
each of the representations mentioned in paragraph (a) or
(b) was made; and
(ii) the names of the people by whom, and the people to
whom, each of the representations was made; and
Section 6
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(iii) in a civil proceeding—the address of each person
mentioned in subparagraph (ii).
(2) Subsection (3) applies if a notifying party intends to rely on any of
the following provisions of the Act:
(a) section 63 (2) (a) or (b);
(b) section 65 (2) (a), (b), (c) or (d);
(c) section 65 (3) (a) or (b);
(d) section 65 (8) (a) or (b).
(3) The notifying party’s notice of previous representation must state
details of the facts on the basis of which it is alleged that the person
who made a representation mentioned in the notice is not available
to testify about the fact to be proved by presenting evidence of the
representation.
(4) Subsection (5) applies if a notifying party intends to rely on the Act,
section 64 (2) (a) or (b).
(5) The notifying party’s notice of previous representation must state
details of the facts that the party will rely on to establish the grounds
stated in the Act, section 64 (2).
6 Notice of previous representation—written previous
representation—Act, s 67 (2)
(1) If a notice of previous representation mentions a previous
representation that is in writing—
(a) a copy of the document, or of the relevant part of the
document, containing the representation must be attached to
the notice; and
(b) the notice must identify the document unless—
(i) a copy of the document is attached to the notice; and
Section 7
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(ii) the identity of the document is apparent on the face of the
copy.
(2) If a copy of a document, or of a part of a document, is attached to a
notice it is a sufficient compliance for section 5 (1) (a) to state in the
notice, or in the copy of a document or part of a document attached
to the notice, the representation evidence of which the notifying
party intends to present.
7 Notice of previous representation—criminal proceeding—
Act, s 67 (2)
(1) On application by a party in a criminal proceeding, the court may
make an order directing the notifying party to disclose the address of
a person named in a notice of previous representation.
(2) The direction may be given on the terms the court considers
appropriate.
8 Notice of tendency evidence—Act, s 99
A notice of tendency evidence must state—
(a) the substance of the tendency evidence that the notifying party
intends to present; and
(b) if the tendency evidence consists of, or includes, evidence of
the conduct of a person—so far as is known to the notifying
party, details of—
(i) the date, time, place and circumstances at or in which the
conduct occurred; and
(ii) the names of each person who saw, heard or otherwise
perceived the conduct; and
(iii) in a civil proceeding—the address of each person
mentioned in subparagraph (ii).
Section 9
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9 Notice of coincidence evidence—Act, s 99
A notice of coincidence evidence must state—
(a) the substance of the coincidence evidence that the notifying
party intends to present; and
(b) so far as is known to the notifying party, details of—
(i) the date, time, place and circumstances at or in which
each of the events the subject of the evidence occurred;
and
(ii) the names of each person who saw, heard or otherwise
perceived each of the events; and
(iii) in a civil proceeding—the address of each person
mentioned in subparagraph (ii).
10 Notice of tendency or coincidence evidence—criminal
proceeding—Act, s 99
(1) On application by 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 of tendency or coincidence evidence.
(2) The direction may be given on the terms the court considers
appropriate.
11 Self-incrimination certificates—State and Territory
provisions—Act, s 128 (14)
The following provisions are prescribed:
(a) the Evidence Act 2004 (Norfolk Island), section 128;
(b) the Coroners Act 2009 (NSW), section 61;
(c) the Evidence Act 1995 (NSW), section 128;
(d) the Evidence Act 2001 (Tas), section 128.
Section 12
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(e) the Coroners Act 2008 (Vic), section 57;
(f) the Evidence Act 2008 (Vic), section 128;
(g) the Coroners Act 1996 (WA), section 47;
(h) the Evidence Act 1906 (WA), section 11.
12 Self-incrimination certificates—State and Territory
provisions—Act, s 128A (13)
The following provisions are prescribed:
(a) the Evidence Act 1995 (NSW), section 128A;
(b) the Evidence Act 2001 (Tas), section 128A;
(c) the Evidence Act 2008 (Vic), section 128A.
13 Fingerprint evidence of identity—affidavits by State or
Territory police officers—Act, s 179 (1) (a)
A form approved under section 15 for this section is prescribed.
14 Fingerprint evidence of identity—affidavits by Australian
Federal Police officers—Act, s 180 (1) (a)
A form approved under section 15 for this section is prescribed.
15 Approved forms
(1) The Minister may approve forms for this regulation.
(2) If the Minister approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
document
writing.
Note 3 Terms used in this regulation have the same meaning that they have in
the Evidence Act 2011 (see Legislation Act, s 148). For example, the
following terms are defined in the Evidence Act 2011, dict:
civil proceeding
coincidence evidence
criminal proceeding
document
previous representation
tendency evidence.
address includes a private, business or official address.
notice of coincidence evidence means a notice under the Act,
section 98 (1).
notice of previous representation means a notice under the Act,
section 67.
notice of tendency evidence means a notice under the Act,
section 97 (1).
notifying party, in relation to a notice, means the party giving the
notice.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired