Form 1—Certificate under section 128 or Form 1—Certificate under section 128 or 128A of the Evidence Act 1995

## Form 1—Certificate under section 128 or 128A of the Evidence Act 1995 Note: See subsection 8(1). \[Set out heading to action or matter\] CERTIFICATE UNDER SECTION 128 OR 128A OF THE EVIDENCE ACT 1995 This Court certifies under section 128\*/128A\* of the Evidence Act 1995 of the Commonwealth that evidence in these proceedings by \[state name of witness\] on \[state date or dates\], a record of which is attached to this certificate\*, is evidence\*/information\* to which subsection 128(7)\*/128A(8)\* of that Act applies. \[A transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the court or its proper officer.\] Dated: L.S. (affix seal) | Judge or magistrate of the Court | | -------------------------------- | \*Delete if not applicable Note: Subsection 128(7) of the Evidence Act 1995 provides as follows: (7) In any proceeding in an Australian court: (a) evidence given by a person in respect of which a certificate under this section has been given; and (b) evidence of 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. Subsection 128A(8) of the Evidence Act 1995 provides as follows: (8) In any proceeding in an Australian 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.