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Evidence Regulations 2018
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Turn the raw legal text into a practical explanation grounded in Evidence Regulations 2018.
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.