Australian Capital Territory
Evidence Act 1971
No 4
Republication No 4E
As in force on 5 April 2001
Includes all amendments up to Act 2001 No 15
Not all amendments are in force:  see last endnote

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
5 April 2001

Australian Capital Territory

Evidence Act 1971
CONTENTS
	Page
Part 1—Preliminary
	1	Short title	1
	2	Validation	1
	3	Commencement	1
	5	Certain laws to cease to be in force	2
	67	Interpretation	2
	7	Application	3
part 2—evidence of laws, instruments and office holders7
Division 1—Evidence of Acts, subordinate laws and instruments7
	87	Judicial notice—Acts	4
	97	Judicial notice—enactments	4
	107	Judicial notice—subordinate laws	4
	10A7	Subordinate laws printed by government printer	4
	10B7	Proof of Gazette	5
	10C7	Proof of instruments under Acts and subordinate laws	5
Division 2—Evidence of reserved laws and instruments7
	10D7	Judicial notice—reserved laws	6
	10E7	Judicial notice—proclamations	6
	10F7	Proof of Commonwealth Gazette	6
	10G7	Proof of instruments under reserved laws	6
Division 3—Evidence of office holders7
	10H7	Judicial notice—signatures and seals	7
Part 3—Proof of Official Documents and Certificates
	11	Public documents	9
	12	Proof of certain documents	9
	13	Proof of birth, death or marriage	9
	14	Evidentiary effect of probate and letters of administration	9
	15	Admissibility of machine copies and reproductions of official documents	10
Part 4—Proof of Attestation of Documents
	16	Proof of attestation of documents	12
	17	Documents attested outside the Territory	12
	18	Declarations of due attestation made outside the Territory	13
	19	Capacity of attesting witnesses	14
	20	Proof—justices of the peace	14
Part 5—Bankers’ Books
	21	Proof of entries in bankers’ books by means of copies	15
	22	Proof that entry made in a bankers’ book	15
	23	Compellability of bankers	15
	24	Inspection of bankers’ books	15
	25	Proof of bank account, amount of credit etc	16
	26	Costs	16
	27	References to Supreme Court	17
Part 6—Admissibility of Statements in Documents
	28	Documentary evidence—maker of document called as witness	18
	29	Documentary evidence—maker of document unable to be called as witness	19
	30	Documentary evidence of opinions	20
	31	Documentary evidence—criminal proceedings	21
	32	Weight of documentary evidence	21
	33	Corroborative value of documentary evidence	22
	34	Production of documents and copies	22
	35	Signatures, etc—proof of statements in documents	22
	36	Admissibility of documentary evidence—judicial discretion	23
	37	Medical certificates	23
	38	Documentary evidence of wages	23
Part 7—Admissibility of Documents Produced by Computers
	39	Computers	24
	40	Information supplied to computers	24
	41	Appropriate rules of court	25
	42	Admissibility of statements produced by computers	25
	43	Admissibility of computer statements—judicial discretion	26
	44	Evidentiary weight of computer statements	26
	45	Failure to comply with court rules	26
Part 8—Proof of Foreign Laws and Documents
	46	Interpretation	27
	47	Proof of written laws of overseas countries	27
	48	Proof of law reports of overseas countries	27
	49	Proof of judicial proceedings of an overseas country	28
	50	Proof of public books and documents of overseas countries	28
	51	Certificates under section 47, 49 or 50	28
Part 9—Witnesses and evidence in proceedings generally
	52	Examination without subpoena or other court process	29
	53	Witness not disqualified by interest or crime	29
	54	Parties as witnesses in civil proceedings	29
	55	Evidence of non-access	29
	56	Evidence as to character	30
	57	Incriminating questions	30
	58	Disallowance of certain questions	31
	59	Scandalous and insulting questions	31
	60	Party’s discrediting of own witness	31
	61	Proof of prior inconsistent statement of witnesses	32
	62	Cross-examination as to previous statements	32
	63	Evidence in writing	32
	63A	Interpreters	33
	64	Unsworn evidence of young children	33
	65	Dying declarations	34
Part 10—Evidence in Criminal Proceedings
	66	Competency and compellability of witnesses in criminal proceedings	35
	67	Admission by accused person	35
	68	Admissibility of confessions or admissions	35
	68A	Abolition of right of accused to make unsworn statement	36
	69	Incriminating questions	36
	70	Questioning of accused as to prior convictions and general reputation	36
	71	Evidence as to character of accused	37
	72	Depositions of persons dangerously ill	37
	74	Comment on failure to give evidence	39
	75	Admissibility of certificates of scientific examination	40
	76	General discretion to reject evidence	40
Part 10A—Evidence in Sexual Offence Proceedings
	76A	Application of Part	41
	76B	Interpretation	41
	76C	Evidence of complaint	41
	76D	Proceedings in camera	42
	76E	Prohibition of publication of identity of complainant	42
	76F	Abolition of rules about corroboration	42
	76G	Admissibility of evidence of sexual reputation	43
Part 11—Admissibility of Convictions in Civil Proceedings
	77	Proof of convictions	44
	78	Proof of convictions—actions for libel and slander	44
	79	Evidence identifying facts upon which conviction was based	44
	80	Operation of other laws	44
	81	Interpretation	45
Part 12—Publication of Evidence
	82	Application of Part	46
	83	Prohibition of publication of evidence etc	46
	84	Noncompliance with section 83 order	46
	85	Questions disallowed under sections 58 and 59	47
art 12A—Examination of Witnesses Outside the Territory But Within Australia
	85A	Application	48
	85B	Interpretation	48
	85C	Supreme Court proceedings	48
	85D	Inferior court proceedings	50
	85E	Other proceedings	50
	85F	Variation or revocation of orders	51
	85G	Exclusion of evidence in criminal proceeding	52
	85H	Operation of other laws	52
	85I	Regulations and rules of court	52
Part 12B—Taking of Evidence for Foreign and Australian Courts
	85J	Interpretation	53
	85K	Power of Supreme Court	53
	85L	Privilege of witnesses	54
	85M	Operation of other laws	55
	85N	Rules of court	55
Part 13—Miscellaneous
	86	Documents 20 years old	56
	87	Machine copies	56
	88	Impounding documents	56
	89	Proof of service on notice to produce	56
	90	Proof of authority to institute proceedings for indictable offences	56
	92	Maps, charts etc	57
	93	Evidence when letter delivered in ordinary course of post	57
	94	Proof of convictions	57
	95	Abolition of certain privileges	58
	96	Comparison of disputed writing	59
	Form of Affidavit by Police Fingerprint Expert	60
	ENDNOTES
	1	About this republication	61
	2	About the republished Act	61
	3	Abbreviation key	61
	4	Table of legislation	62
	5	Table of amendments	64
	6	Table of earlier republications	66
	7	Uncommenced amendments	68

As in force on
5 April 2001

Australian Capital Territory

Evidence Act 1971
An Act relating to evidence
Part 1—Preliminary
1 	Short title
	This Act may be cited as the Evidence Act 1971.
2 	Validation
	Notwithstanding the disallowance of the provisions of the Evidence Ordinance 1971 by the Senate of the Commonwealth Parliament, this Act is to be taken for all purposes—
	(a)	to have continued in force as an ordinance from the time of that disallowance until the expiration of 30 June 1992; and 
	(b)	on and after 1 July 1992—to have been, and to be, an enactment.
3 	Commencement
	This Act shall come into operation on 29 March 1971.
5 	Certain laws to cease to be in force
	The Evidence Act 1898, the Royal Commissioners Evidence Act 1901 and the Witnesses Examination Act 1900 of the State of New South Wales cease to be in force in the Territory. 
67 	Interpretation
	In this Act, unless the contrary intention appears—
Australia includes the external Territories.
banker’s book includes a ledger, daybook, cashbook, account book, diary and any other document used in the ordinary course of the business of a bank.
 court includes any tribunal or person having authority under a law in force in the Territory or by consent of parties to receive evidence.
diplomatic or consular representative means a person appointed to hold or act in any of the following offices:
	(a)	ambassador;
	(b)	high commissioner;
	(c)	minister;
	(d)	head of a mission;
	(e)	commissioner;
	(f)	chargé d’affaires;
	(g)	counsellor, secretary or attaché at an embassy, high commissioner’s office, legation or other post; 
	(h)	consul general;
	(i)	consul;
	(j)	vice-consul;
	(k)	proconsul;
	(l)	trade commissioner; and
	(m)	consular agent.
document includes—
	(a)	a book, plan, paper, parchment or other material on which there is writing or printing, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and
	(b)	a sound recording.
government department means an administrative unit (however described) of—
	(a)	the Territory government; or
	(b)	the public service of the Commonwealth, a State or another Territory.
judge means the member or members of a court.
proceeding means a matter or inquiry, whether civil or criminal, heard or conducted by a court in which evidence is, or may be, received.
public authority means a Territory authority or an authority established by or under the law of the Commonwealth, a State or another Territory.
reserved law means—
	(a)	a law specified in Schedule 5 to the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth; or
	(b)	an ordinance; or
	(c)	a regulation, rule or by-law made under—
	(i)	a law specified in Schedule 5 to the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth; or
	(ii)	an ordinance.
statement includes any representation of fact, whether made in words or by other means.
7 	Application
	Unless the contrary intention appears in this Act, the provisions of this Act apply to every proceeding. 

part 2—evidence of laws, instruments and office holders7
Division 1—Evidence of Acts, subordinate laws and instruments7
87 	Judicial notice—Acts
	All courts shall take judicial notice of—
	(a)	the passing of an Act by the Legislative Assembly; and
	(b)	the date on which an Act was notified in the Gazette; and
	(c)	the commencement of an Act or of part of an Act.
97 	Judicial notice—enactments
	All courts shall take judicial notice of—
	(a)	the making or passing of an enactment; and
	(b)	the date on which an enactment that is a converted ordinance was notified in the Commonwealth Gazette; and
	(c)	the commencement of an enactment or of part of an enactment.
107 	Judicial notice—subordinate laws
	All courts shall take judicial notice of—
	(a)	the making of a subordinate law; and
	(b)	the date on which a subordinate law was notified in the Gazette or the Commonwealth Gazette; and
	(c)	the commencement of a subordinate law or of part of a subordinate law.
10A7 	Subordinate laws printed by government printer
	A document that purports—
	(a)	to be a copy of a subordinate law; and
	(b)	to have been printed by the government printer;
is evidence that the subordinate law was duly made by the person or body authorised to make such a law.
10B7 	Proof of Gazette
	A document that purports to be a copy of the Gazette, or an extract from a copy of the Gazette, and to have been printed by the government printer shall, in the absence of evidence to the contrary, be taken to be a copy of the Gazette, or an extract from a copy of the Gazette, as the case requires.
10C7 	Proof of instruments under Acts and subordinate laws
(1) 	In this section—
instrument includes—
	(a) 	a by-law, determination, direction, notice and order; and
	(b)	a copy of an instrument.
(2) 	Where an Act or a subordinate law—
	(a)	requires or permits an instrument to be published in the Gazette; or
	(b)	before self-government day, required or permitted an instrument to be published in the Commonwealth Gazette;
a copy of the relevant Gazette, or an extract from a copy of the relevant Gazette, that purports to contain the instrument is evidence of—
	(c)	the making of the instrument; and
	(d)	the terms of the instrument; and
	(e)	if the instrument recites that steps or conditions, preliminary to the making of the instrument, have been taken or fulfilled—the taking of those steps or the fulfilment of those conditions; and
	(f)	the publication of the instrument in the relevant Gazette.
(3) 	Where an Act or a subordinate law—
	(a)	requires or permits an instrument to be published in the Gazette; or
	(b)	before self-government day, required or permitted an instrument to be published in the Commonwealth Gazette;
and the instrument has been published in the relevant Gazette, the instrument shall, in the absence of evidence to the contrary, be taken to be in force.
Division 2—Evidence of reserved laws and instruments7
10D7 	Judicial notice—reserved laws
	All courts shall take judicial notice of—
	(a)	the making of a reserved law; and
	(b)	the date on which a reserved law was notified in the Commonwealth Gazette, or otherwise proclaimed; and
	(c)	the commencement of a reserved law or of a part of a reserved law.
10E7 	Judicial notice—proclamations
	All courts shall take judicial notice of the making of a proclamation by the Governor-General under a reserved law, being a proclamation published in the Commonwealth Gazette.
10F7 	Proof of Commonwealth Gazette
	A document that purports to be a copy of the Commonwealth Gazette, or an extract from a copy of the Commonwealth Gazette, and to have been printed by the Commonwealth government printer shall, in the absence of evidence to the contrary, be taken to be a copy of the Commonwealth Gazette, or an extract from a copy of the Commonwealth Gazette, as the case requires.
10G7 	Proof of instruments under reserved laws
(1) 	In this section—
instrument includes—
	(a) 	a determination, direction, notice and order, except a proclamation by the Governor-General; and
	(b)	a copy of an instrument.
(2) 	Where a reserved law requires or permits an instrument to be published in the Commonwealth Gazette, a copy of the relevant Commonwealth Gazette, or an extract from a copy of the relevant Commonwealth Gazette, that purports to contain the instrument is evidence of—
	(a)	the making of the instrument; and
	(b)	the terms of the instrument; and
	(c)	if the instrument recites that steps or conditions, preliminary to the making of the instrument, have been taken or fulfilled—the taking of those steps or the fulfilment of those conditions; and
	(d)	the publication of the instrument in the relevant Commonwealth Gazette.
(3) 	Where—
	(a)	a reserved law requires or permits an instrument to be published in the Commonwealth Gazette; and
	(b)	the instrument has been published in the relevant Commonwealth Gazette;
the instrument shall, in the absence of evidence to the contrary, be taken to be in force.
Division 3—Evidence of office holders7
10H7 	Judicial notice—signatures and seals
(1) 	All courts shall take judicial notice of—
	(a)	the signature, appearing on a judicial or official document, of a person who holds, or has held, any of the following offices:
	(i)	the Speaker of the Legislative Assembly;
	(ii)	the clerk to the Legislative Assembly;
	(iii)	the Chief Minister or the Deputy Chief Minister;
	(iv)	Minister;
	(v)	the commissioner for public administration;
	(vi)	member of the administrative appeals tribunal;
	(via)	the electoral commissioner;
	(vii)	the registrar of titles, the acting registrar of titles or a deputy registrar of titles;
	(viii)	the registrar of business names, the acting registrar of business names or a deputy registrar of business names;
	(ix)	the registrar of incorporated associations, the acting registrar of incorporated associations or a deputy registrar of incorporated associations;
	(x)	the registrar of unclaimed moneys or the acting registrar of unclaimed moneys;
	(xi)	the public trustee;
	(xii)	the community advocate;
	(xiii)	the director of public prosecutions;
	(xiv)	an office to which the Executive, by order published in the Gazette, declares this section to apply; and
	(b)	the seal of such a person appearing on a judicial or official document; and
	(c)	the fact that such a person holds or has held such an office.
(2) 	An order may be made under subparagraph (1) (a) (xiv) in relation to an office that has ceased to exist before the making of the order.
(3) 	An order under subparagraph (1) (a) (xiv) continues to apply in relation to an office, notwithstanding that the office ceases to exist after the making of the order.

Part 3—Proof of Official Documents and Certificates
11 	Public documents
	Where a document is of such a nature that it is admissible in evidence on its production from proper custody, evidence of any of the contents of the document may, subject to any other law in force in the Territory, be given in a proceeding by the production of—
	(a)	an examined copy of, or extract from, the document; or
	(b)	a copy of, or extract from the document that purports to be certified as a true copy or extract by a person described in the certificate as having the custody of the document.
12 	Proof of certain documents
	Where, under a law of the Territory—
	(a)	a certificate; or
	(b)	an official or public document; or
	(c)	a document of a corporation; or
	(d)	a copy of, or extract from, a document, register or book; 
is admissible in evidence in a proceeding to prove a matter or fact, a paper purporting to be the certificate, document, copy or extract shall, unless the contrary is proved, be taken to be that certificate, document, copy or extract.
13 	Proof of birth, death or marriage
	A document purporting to be either the original or a certified copy of a certificate, entry or record of a birth, death or marriage alleged to have taken place whether in Australia or elsewhere is evidence in a proceeding of the facts stated in the document.
14 	Evidentiary effect of probate and letters of administration
(1) 	The probate of a will or letters of administration with a will annexed are evidence of the due execution of the will.
(2) 	The copy of a will annexed to a probate or to letters of administration is evidence of the contents of the will.
(3) 	The probate of a will is evidence of the death of the testator and, if the probate states the date of death of the testator, of the date of death.
(4)	Letters of administration of the estate of a deceased person are evidence of the death of the person and, if the letters of administration state the date of death of the person, of the date of death.
(5) 	In this section—
	(a)	a reference to probate shall be read as a reference to probate, and to an exemplification of probate, whether granted within or outside the Territory; and
	(b)	a reference to letters of administration shall be read as a reference to—
	(i)	letters of administration, or an exemplification of letters of administration, whether granted within or outside the Territory; or
	(ii)	an order to collect and administer being carried out by the public trustee.
15 	Admissibility of machine copies and reproductions of official documents
(1) 	In this section—
appropriate officer means—
	(a)	in relation to a document lodged with, or registered or issued by, a government department or public authority—the person having custody of the official records of the department or authority; or
	(b)	in relation to a document lodged with, or registered or issued by, a public official—that official.
document means a document that, under a law of the Territory, the Commonwealth, a State or another Territory, has been lodged with, or registered or issued by—
	(a)	a government department; or
	(b)	a public authority; or
	(c)	a public official.
machine copy in relation to a document, means a copy, other than a reproduction, of the document made by a photographic or other machine, whether the copy is enlarged or not.
public official means—
	(a)	a public servant; or
	(b)	an officer of the Commonwealth, a State, another Territory or a public authority.
reproduction, in relation to a document, means a print, whether enlarged or not, made from a transparent photograph of a document.
(3) 	Where a document would be admissible in evidence in a proceeding, a machine copy or a reproduction of the document is admissible as evidence of the document if—
	(a)	the machine copy or the reproduction of the document bears, or has annexed to it, a certificate purporting to have been signed by the appropriate officer certifying—
	(i)	in the case of a machine copy—that the machine copy of the document was made while the document was in the control or custody of the government department, the public authority or that officer (as the case requires); or
	(ii)	in the case of a reproduction—that the reproduction is a print made from a transparent photograph of the document taken while the document was in the control or custody of the government department, the public authority or that officer (as the case requires); or
	(b)	the machine copy or reproduction of the document bears, or has annexed to it, a copy of such a certificate made at the same time as the machine copy or print of  the document was made.
(4) 	This section applies whether or not evidence is given that the document a machine copy or a reproduction of which is produced is or is not still in existence.

Part 4—Proof of Attestation of Documents
16 	Proof of attestation of documents
(1) 	A document not being a document to the validity of which attestation is required may, if its execution has been attested, be proved in evidence in a proceeding, notwithstanding the attestation, in any manner in which such a document, if not attested, may be proved.
(2) 	A document (not being a will or a codicil to a will) to the validity of which attestation is required which purports to have been attested may be proved in a proceeding by evidence that the signature or the person by whom the document purports to have been executed is the signature of that person and by evidence that the signature of the person or of 1 of the persons by whom the document purports to have been attested is the signature of the person whose signature it purports to be.
(3) 	Subsection (2) does not prevent the proof of a document by an attesting witness.
17 	Documents attested outside the Territory
(1) 	This section applies to a document (other than a will or a codicil to a will) to the validity of which attestation is required.
(2) 	If a document to which this section applies purports to have been executed at a place in Australia and to have been attested by—
	(a)	a person before whom a statutory declaration may be made; or
	(b)	a legal practitioner;
the signature of the person by whom the document purports to have been attested shall, in the absence of proof to the contrary, be deemed to be, for the purposes of subsection 16 (2), the signature of the person whose signature it purports to be and evidence that the signature is the person’s signature and that he or she is such a person is not, for the purposes of that subsection, required in a proceeding.
(3) 	If a document to which this section applies purports to have been executed in a Commonwealth country or part of a Commonwealth country and to have been attested by a person who is a judge, notary public, the mayor or chief officer of a municipal or local government corporation or a governor, government resident or chief secretary in, or in that part of that country, or is a justice of the peace for that country or for that part of that country, the signature of the person by whom the instrument purports to have been attested shall be deemed, for the purposes of subsection 16 (2), to be the signature of the person whose signature it purports to be and evidence that the signature is the person’s signature and that he or she is such a person is not, for the purposes of that subsection, required in a proceeding.
(4) 	If a document to which this section applies purports to have been executed in a country outside Australia and to have been attested by a person who is an Australian or British diplomatic or consular representative in that country, the signature of the person by whom the document purports to have been attested shall be deemed, for the purposes of subsection 16 (2), to be the signature of the person whose signature it purports to be and evidence that the signature is the person’s signature and that he or she is such a person is not, for the purposes of that subsection, required in a proceeding.
18 	Declarations of due attestation made outside the Territory
(1) 	This section applies to a document (other than a will or a codicil to a will)—
	(a)	to the validity of which attestation is required; and
	(b)	which purports to have been executed outside Australia and to have been attested by a person other than a person referred to in section 17.
(2) 	If—
	(a)	there is endorsed on, or annexed to, a document to which this section applies a declaration by the person by whom it purports to have been attested that the document was duly executed and attested as it purports to have been executed and attested; and
	(b)	the declaration referred to in paragraph (a) purports to have been made before, and attested by, a person who is an Australian or British diplomatic or consular officer in the country in which the document purports to have been executed and attested; 
the signature of the person by whom the document purports to have been attested shall be deemed, for the purposes of subsection 16 (2), to be the signature of the person whose signature it purports to be, the signature of the person before whom the declaration is made shall be deemed to be the signature of the person whose signature it purports to be and evidence that the signature of either of those persons is the person’s signature and that the person before whom the declaration is made is an Australian or British consular officer in the country is not, for the purposes of that subsection, required in a proceeding.
19 	Capacity of attesting witnesses
	Where—
	(a)	it is proved that the signature of a person by whom a document purports to have been attested is the signature of that person; or
	(b)	the signature of a person by whom a document purports to have been attested is to be deemed to be the signature of that person; 
and in the attestation, the person is described as having a specified description or as having attested the document in a specified capacity, that person shall, unless the contrary is proved, be deemed to have, at the time of the attestation, been a person of that description or to have attested the document in that capacity, as the case may be.
20 	Proof—justices of the peace
	The words ‘justices of the peace’ or the letters ‘J.P.’ appearing after a signature on a document are evidence that the person whose signature it purports to be is a justices of the peace and, if the place at which the signature of that person purports to have been attached or appended is specified in the document (whether that place is within or outside the Territory), that person shall, unless the contrary is proved, be deemed to be a justice of the peace for the State, Territory, Commonwealth country or part of the Commonwealth country in which that place is situated.

Part 5—Bankers’ Books
21	Proof of entries in bankers’ books by means of copies
	Subject to this Part, a copy of an entry in a banker’s book is admissible in a proceeding as evidence of the entry, and of the matters, transactions and accounts recorded in the entry.
22	Proof that entry made in a bankers’ book
(1) 	A copy of an entry in a banker’s book is not admissible under this Part in a proceeding unless it is proved that—
	(a)	the book was, at the time at which the entry was made, one of the ordinary books of the bank; and
	(b)	the entry was made in the ordinary course of business; and
	(c)	the book is in the custody or control of the bank; and
	(d)	the copy has been compared with the original entry and found to be a true copy. 
(2)	The matters referred to in subsection (1) shall be proved by the evidence of an officer of the bank given orally or by affidavit.
23	Compellability of bankers
	In a proceeding to which a bank is not a party, neither the bank nor an officer of the bank is compellable, unless the court or judge otherwise orders—
	(a)	to produce a book the entries in which may be proved under this Part; or
	(b)	to attend for the purpose of giving evidence of the matters, transactions and accounts recorded in such a book.
24 	Inspection of bankers’ books
(1) 	On the application of a party to a proceeding, the court or judge may, by order, direct a bank or the manager of a bank or of a branch of a bank, whether within or outside the Territory, to permit the party to inspect, and take copies of, the books specified in the order.
(2) 	An application for an order under subsection (1) shall not be served on the bank against which the order is sought unless the court or judge directs that the application be so served.
(3) 	A bank on which an order under subsection (1) is served is not obliged to comply with the order until the expiration of a period of 3 days after the date on which the order is so served.
(4) 	The period referred to in subsection (3) shall be reckoned exclusive of a Saturday, a Sunday or a day that is a public or bank holiday.
25 	Proof of bank account, amount of credit etc
(1) 	Where it is necessary, for the purposes of a proceeding, to prove—
	(a)	that a person did or did not, at a given time, have an account at a bank; or
	(b)	that at a given time there were, or were not, funds standing to a person’s credit at a bank; or
	(c)	the state of an account at a bank; 
evidence of the fact may be given orally or by affidavit by an officer of the bank who has examined the books of the bank.
(2) 	Evidence given under subsection (1) is admissible notwithstanding that the books of the bank are not produced.
26 	Costs
(1) 	The costs of—
	(a)	an application to a court or judge under or for the purposes of this Part; or
	(b)	anything done or to be done under an order of a court or judge made under or for the purposes of this Part; 
are in the discretion of the court or judge, and the court or judge may order those costs or any part of those costs to be paid to a party by the bank if those costs or any part of those costs have been occasioned by default or delay on the part of the bank.
(2) 	An order under subsection (1) may be enforced against a bank as if it were a judgment of the court for the payment of money by the bank to the party.
27 	References to Supreme Court
	In the application of sections 23, 24 and 26 to and in relation to a proceeding other than a proceeding in the Supreme Court or in the Magistrates Court—
	(a)	a reference to the court shall be read as a reference to the Supreme Court; and
	(b)	a reference to the judge shall be read as a reference to the judge of the Supreme Court.

Part 6—Admissibility of Statements in Documents
28 	Documentary evidence—maker of document called as witness
(1) 	Where direct oral evidence of a fact or of an opinion would be admissible in a proceeding, a statement made by a person in a document tending to establish the fact or expressing the opinion, as the case may be, is, subject to this Part, admissible as evidence of the fact or the opinion in the proceeding if—
	(a)	in the case of a statement tending to establish a fact—the maker of the statement had personal knowledge of the matters dealt with by the statement or, in the case of a statement expressing an opinion, the person expressing the opinion is qualified to give evidence of that opinion; and
	(b)	the maker of the statement is called as a witness in the proceeding; and
	(c)	the court is satisfied that the statement was made at a time when the facts stated in the document were fresh in the memory of the witness or, in the case of a statement expressing an opinion, the facts on which the opinion was based were fresh in the mind of the person expressing the opinion.
(2) 	Subsection (1) applies whether the statement is or is not consistent with the evidence given by the maker of the statement but, where—
	(a)	the statement is tendered by the party by whom the witness is being called; and
	(b)	the statement is inconsistent with the evidence given by the witness in the proceeding; 
the statement is admissible in evidence only with the leave of the court.
(3) 	A statement referred to this section shall not, without the leave of the court, be tendered in evidence by the party by whom the witness has been called except at the conclusion of the examination-in-chief of the witness and before the witness is cross-examined.
29 	Documentary evidence—maker of document unable to be called as witness
(1) 	Where direct oral evidence of a fact would be admissible in a proceeding, a statement made by a person in a document tending to establish that fact is, subject to this Part, admissible as evidence of that fact in the proceeding if the maker of the statement had personal knowledge of the matters dealt with in the statement and if—
	(a)	the maker of the statement is dead; or
	(b)	the maker of the statement is outside Australia and it is not reasonably practicable to secure his or her attendance; or
	(c)	the maker of the statement is unfit by reason of old age or bodily or mental condition to appear as a witness; or
	(d)	the maker of the statement cannot with reasonable diligence be found.
(2) 	Where direct oral evidence of a fact would be admissible in a proceeding, a statement made by a person in a document tending to establish the fact is, subject to this Part, admissible as evidence of that fact if the document was made—
	(a)	by a person acting under a duty to make the statement; or
	(b)	in the course of, and as a record or part of a record relating to, any business; or
	(c)	in the course of, or as a record or part of a record relating to, the administration of, or the performance of the functions of, a government department; 
from information supplied (whether directly or indirectly) by a person who had, or might reasonably be supposed to have had, personal knowledge of the matters dealt with in the information and if—
	(d)	the person who supplied the information is dead; or
	(e)	the person who supplied the information is outside Australia and it is not reasonably practicable to secure his or her attendance as a witness; or
	(f)	the person who supplied the information is unfit by reason of old age or of bodily or mental condition to appear as a witness; or
	(g)	the person who supplied the information cannot with reasonable diligence be identified or found; or
	(h)	the person who supplied the information cannot reasonably be expected, having regard to the time that has elapsed since the information was supplied and to all other relevant circumstances, to recollect the matters dealt with in the information.
(3) 	Where, in a civil proceeding, direct oral evidence of a fact would be admissible, the statement made by a person in a document tending to establish that fact is (whether or not it would be admissible under subsection (1) or (2)) admissible in such a proceeding as evidence of that fact if—
	(a)	the maker of the statement had personal knowledge of the matters dealt with in the statement; and
	(b)	the court or judge is satisfied that undue delay or expense would be caused by requiring the attendance as a witness of the maker of the statement.
(4) 	In paragraph (2) (a)—
acting under a duty, in relation to a person,  includes—
	(a)	acting in the course of any trade, business, profession or other calling or occupation in which the person was engaged or employed; and
	(b)	acting for the purposes of any paid or unpaid office held by the person.
30 	Documentary evidence of opinions
(1) 	Where direct oral evidence of an opinion would be admissible in a proceeding, an opinion expressed in a document made by a person expressing the opinion or by another person under the first person’s direction is, subject to this Part, admissible as evidence of the opinion in the proceeding if—
	(a)	the person expressing the opinion would, if called as a witness in the proceeding, have been qualified to give evidence of the opinion; and
	(b)	the court is satisfied that the facts on which the opinion was based sufficiently appear from—
	(i)	the form or contents of the document; or
	(ii)	the circumstances in which the document expressing the opinion was made; and 
and that those facts are facts in respect of which evidence is given in the proceedings; and
	(c)	the person expressing the opinion—
	(i)	is dead; or
	(ii)	is outside Australia and it is not reasonably practicable to secure his or her attendance; or
	(iii)	is unfit by reason of old age or bodily or mental condition to appear as a witness; or
	(iv)	cannot with reasonable diligence be found.
(2) 	Where, in a civil proceeding, direct oral evidence of an opinion would be admissible, a statement in a document expressing that opinion is (whether or not it would be admissible under subsection (1)) evidence of that opinion if—
	(a)	the conditions referred to in paragraphs (1) (a) and (b) are satisfied; and
	(b)	the court or judge is satisfied that undue delay or expense would be caused by requiring the attendance as a witness of the person expressing the opinion.
31 	Documentary evidence—criminal proceedings
	Nothing in this Part renders admissible as evidence in a criminal proceeding a statement in a document made at a time when that proceeding was pending or at a time when it might reasonably have been contemplated that criminal proceedings would be instituted.
32 	Weight of documentary evidence
	In estimating the weight (if any) to be given to a statement admitted in evidence under this Part, a court shall have regard to all the circumstances from which an inference can reasonably be drawn as to the correctness or otherwise of the statement including—
	(a)	in the case of a statement tending to establish a fact—
	(i)	the time when the statement was made in relation to the occurrence or existence of the fact which the statement is tendered to prove; and
	(ii)	the question whether or not the maker of the statement or any person by or through whom the information was supplied to the maker of the statement had any incentive to conceal or misrepresent facts; and
	(b)	in the case of a statement expressing an opinion—
	(i)	the time when the statement expressing the opinion was made in relation to the time when the facts on which the opinion was based were fresh in the mind of the person expressing the opinion; and
	(ii)	the question whether or not the person expressing the opinion had any incentive to misrepresent the opinion.
33 	Corroborative value of documentary evidence
(1) 	In any proceeding, a statement admitted in evidence under section 28 is not to be taken to corroborate the oral evidence given by the maker of the statement.
(2)	In any proceeding, a statement admitted in evidence in the circumstances referred to in paragraph 29 (2) (h) is not to be taken to corroborate any oral evidence given by the maker of the statement.
34 	Production of documents and copies 
	For the purposes of this Part, proof that a statement has been made in a document may be given on production of the document or may, with the leave of the court, be given by the production of a copy of the document proved to be a true copy of the document or of a copy of the document certified or authenticated in such manner as the court approves.
35 	Signatures, etc—proof of statements in documents
	For the purposes of this Part, a statement in a document shall be deemed to have been made by a person if the document or the material part of the document—
	(a)	was written, made or produced by the person with his or her own hand; or
	(b)	was signed or initialled by the person; or
	(c)	was otherwise acknowledged by the person as his or her statement.
36 	Admissibility of documentary evidence—judicial discretion
(1) 	The court may, for the purpose of deciding whether a document tendered in evidence should or should not be admitted in evidence in pursuance of this Part, draw any reasonable inference from the circumstances in which the statement was made and from the form or contents of the document in which the statement is contained.
(2) 	In a criminal proceeding, the judge may refuse to admit in evidence in pursuance of this Part a document tendered in evidence if he or she has reason to doubt its reliability or is satisfied that it would be unfair to the person charged to admit the document in evidence.
37 	Medical certificates
	The court may, in deciding, for the purposes of this Part, whether a person is or is not fit to attend as a witness, accept an opinion in a document purporting to be a certificate by a medical practitioner.
38 	Documentary evidence of wages
(1) 	Subject to this section, a document that states that—
	(a)	during a period specified in the document, a person was employed by the person by whom, or on whose behalf, the document is signed; and
	(b)	in respect of that period or a specified part of that period, the firstmentioned person was paid, as wages or salary, an amount specified in the document; 
is evidence in a proceeding that, in respect of that period or the specified part of that period, the firstmentioned person received wages or salary, as the case may be, in the amount specified in the document.
(2) 	For the purpose of this section, a document that purports to be signed by, or on behalf of, a person shall, unless the contrary is proved, be deemed to be so signed.
(3) 	Except with the leave of the court, a document shall not be tendered in evidence under this section unless the party tendering the document has given to each of the other parties to the proceeding not less than 7 days’ notice in writing. 

Part 7—Admissibility of Documents Produced by Computers
39 	Computers
(1) 	A reference in this Part to a computer shall be read as a reference to—
	(a)	a device that stores information; or
	(b)	a device that processes information; or
	(c)	a device that stores and processes information.
(2) 	Where the function of storing or processing information was performed by 2 or more computers whether—
	(a)	by a combination of computers; or
	(b)	by different computers operating in succession; or
	(c)	by different combinations of computers operating in succession; or
	(d)	by the successive operation of 1 or more computers and 1 or more combinations of computers; 
all those computers shall be regarded, for the purposes of this Part, as constituting a single computer.
40 	Information supplied to computers
(1) 	For the purposes of this Part—
	(a)	information shall be taken to be supplied to a computer if it is supplied to the computer in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; and
	(b)	where, in the course of activities of a kind referred to in paragraph 42 (a), information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if supplied to that computer, shall be taken to have been supplied to it in the course of those activities; and
	(c)	a document shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.
(2) 	In this Part, a reference to information being derived from other information shall be read as a reference to information derived from other information whether by calculation, comparison or by any other process.
41 	Appropriate rules of court
	In this Part, a reference to the appropriate rules of court shall be read as a reference—
	(a)	in the case of a proceeding in the Supreme Court—to the Supreme Court Rules; or
	(b)	in the case of a proceeding in the Magistrates Court—to the Magistrates Court (Civil Jurisdiction) Act 1982.
42 	Admissibility of statements produced by computers
	In a proceeding (other than a criminal proceeding) in the Supreme Court or in the Magistrates Court, a statement contained in a document produced by a computer is, subject to this Part and to the appropriate rules of court, admissible as evidence of any facts stated in the document of which direct oral evidence would be admissible if—
	(a)	the document was produced by the computer during a period in which the computer was used to store or process information relating to activities carried on, whether for profit or not—
	(i)	by a person; or
	(ii)	by a body, association or institution, whether corporate or not; or
	(iii)	by a government department; or
	(iv)	by a public authority; and
	(b)	information of the kind contained in the statement or of the kind from which the information contained in the statement is derived was in that period regularly supplied to the computer in the ordinary course of the carrying on of those activities; and
	(c)	the computer was, throughout the material part of that period operating properly or, if it was not, that any respect in which it was not operating properly or was out of operation during part of that period was not such as to affect the production of the document or the accuracy of its contents; and
	(d)	the information contained in the statement reproduces or is derived from information supplied to the computer in the ordinary course of the carrying on of those activities.
43 	Admissibility of computer statements—judicial discretion
(1) 	The court may, if it has reason to doubt the accuracy or authenticity of a document sought to be tendered in evidence under this Part, or of the facts stated in such a document, refuse to admit the document in evidence.
(2) 	For the purpose of deciding whether to admit or refuse to admit the document, the court may draw any reasonable inference from the circumstances in which the information contained in the statement was obtained or the information from which the statements contained in the document was derived was obtained and from any other circumstances, including the form and contents of the document and of the information. 
44 	Evidentiary weight of computer statements
	In estimating the weight (if any) to be given to a statement admitted in evidence under this Part, the court shall have regard to all the circumstances from which an inference can reasonably be drawn as to the correctness or otherwise of the statement, including—
	(a)	the relationship in time between—
	(i)	the time when the information which the statement reproduces or from which it is derived was supplied to the relevant computer or was recorded for the purpose of being supplied to the relevant computer; and
	(ii)	the occurrence or existence of the facts which the statement is tendered to prove; and
	(b)	the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent facts.
45 	Failure to comply with court rules
	Where, but for this section, a document produced by a computer would be inadmissible in evidence by reason of a failure to comply with the provisions of appropriate rules of court, the court may, if it thinks that it is just to do so, admit the statement in evidence notwithstanding the failure to comply with those provisions.
Part 8—Proof of Foreign Laws and Documents
46 	Interpretation
	In this Part, a reference to a statute shall be read as including a reference to an instrument of a legislative nature made, granted or issued under a statute.
47 	Proof of written laws of overseas countries
(1) 	Evidence of a statute, proclamation, treaty or act of state of an overseas country may be given in a proceeding by the production of—
	(a)	a book or pamphlet purporting to be published by the authority of the government of that country or by the government or official printer of that country, or in a book or publication that appears to the court to be a reliable source of information, containing the statute, proclamation, treaty or act of state; or
	(b)	a book or pamphlet that is proved to the satisfaction of the court to be admissible in the courts in that country as evidence of the statutes, proclamations, treaties or acts of state of that country contained in that book; or
	(c)	a copy of the statute, proclamation, treaty or act of state that is proved to be an examined copy; or
	(d)	a document that purports to be a copy of the statute, proclamation, treaty or act of state if there is endorsed on or annexed to the copy so produced a certificate by the person having custody of the original that the copy is a true copy of the document of which it purports to be a copy.
48 	Proof of law reports of overseas countries
	A book containing reports of 1 or more of the courts in an overseas country is evidence in a proceeding of the unwritten or common law of that country if the book purports to be published by the authority of that court or those courts or by the person or authority responsible for the publication of those reports or for the administration of justice in that country.
49 	Proof of judicial proceedings of an overseas country
	Evidence of an instrument that is a judgment, decree, rule, order or other judicial proceeding of a court in an overseas country (including an affidavit, pleading or other legal document filed or deposited in such a court) may be given in a proceeding by the production of—
	(a)	a copy that is proved to be an examined copy of the instrument; or
	(b)	a document that purports to be a copy of the instrument if there is endorsed on or annexed to the copy so produced a certificate by the person having custody of the original instrument that is a true copy of the instrument of which it purports to be a copy.
50 	Proof of public books and documents of overseas countries
	Where it is proved that—
	(a)	a book or document of an overseas country is of such a public nature as to be admissible in evidence in the courts in that country on its mere production from proper custody; or
	(b)	a book or document is, under the law of a Commonwealth country, admissible in evidence in the courts in that country by the production of a copy of the book or document; or
	(c)	a copy of a document kept at an office for the registration of companies in a Commonwealth country is admissible in evidence in the courts in that country; 
evidence of the book or document or of an extract from that book or document may be given in a proceeding by the production of—
	(d)	a copy of the book or document or an extract, from the book or document that is proved to be an examined copy of the book, document or extract; or
	(e)	of a document that purports to be a copy of the book, document or extract if there is endorsed on or annexed to the copy so produced a certificate by the person having custody of the original book or document that the document is a true copy of the book, document or extract of which it purports to be a copy.
51 	Certificates under section 47, 49 or 50
	The production of a document purporting to be a certificate referred to in section 47, 49 or 50 is evidence in a proceeding that the person by whom the certificate purports to be signed is the person who has custody of the original book, document or instrument referred to in the certificate without further proof of that fact.
Part 9—Witnesses and evidence in proceedings generally
52 	Examination without subpoena or other court process
(1) 	A person who is present at the hearing of a proceeding may, subject to this Act and any other law of the Territory, be ordered to give evidence and to produce documents notwithstanding that the person has not been duly served with a subpoena or other process requiring his or her attendance for that purpose.
(2) 	A person who is ordered under subsection (1) to give evidence or to produce documents is subject to the same penalties and liabilities as if the person had been duly served with a subpoena or other process requiring him or her to give evidence or produce documents.
53 	Witness not disqualified by interest or crime
	A person is not disqualified to give evidence in a proceeding by reason that—
	(a)	he or she has, or may have, an interest in the result of the proceeding; or
	(b)	he or she has been convicted of an offence.
54 	Parties as witnesses in civil proceedings
(1) 	Each of the parties to a proceeding (not being a criminal proceeding) and a person on whose behalf such a proceeding is prosecuted or defended is a competent and compellable witness in the proceeding.
(2) 	The wife or husband of a party to a proceeding (not being a criminal proceeding) and the wife or husband of a person on whose behalf such a proceeding is prosecuted or defended is a competent and compellable witness in the proceeding and is compellable to disclose communications made between them during the marriage.
55 	Evidence of non-access
	Either party to a marriage may, in a proceeding, give evidence tending to prove that the parties to the marriage did not have sexual relations with each other at a particular time, but is not compellable to give such evidence if it would show, or tend to show, that a child born to the wife during the marriage was illegitimate.
56 	Evidence as to character
(1) 	Where evidence with regard to the character of a person is admissible in a proceeding, a witness may, in the proceeding, give evidence of the general reputation of the person and of the witness’s own knowledge of the habits, disposition and conduct of the person.
(2) 	A witness shall not be permitted to state that he or she would not believe another person on his or her oath. 
57 	Incriminating questions
(1) 	Subject to this Act and to any other law of the Territory, a person is not bound to answer a question or interrogatory in a proceeding if the answer to the question or interrogatory would incriminate, or would tend to incriminate, the person or his or her spouse or would tend to expose the person or his or her spouse to proceedings for an offence against a law in force in Australia.
(2) 	Where, in a proceeding, a person called as a witness or required to answer an interrogatory declines under subsection (1) to answer a question or interrogatory, the court may, if it is satisfied that, in the interests of justice, the person should be compelled to answer the question or interrogatory, inform the person—
	(a)	that, if the person answers the question or interrogatory and all other questions or interrogatories that may be put to him or her, the court will give the person a certificate under this section; and
	(b)	of the effect of such a certificate.
(3) 	Where, in relation to a proceeding, a person has been informed by the court of the matters referred to in paragraphs (2) (a) and (b), that person is not thereafter entitled to refuse to answer a question or interrogatory put to him or her in that proceeding.
(4) 	Where, after being informed by the court of the matters referred to in paragraphs (2) (a) and (b), a person answers all questions and interrogatories put to him or her in the proceeding, the court shall give to the person a certificate that the person’s evidence in the proceeding was given under this section.
(5) 	Where a person is given a certificate under this section, a statement made by the person in answer to a question or interrogatory in the proceeding in which that certificate was given is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence arising out of falsity of the statement.
58 	Disallowance of certain questions
	Where any question put to a witness in cross-examination is not relevant to the subject matter of the proceeding, except in so far as the truth of the matter suggested by the question could affect the credit of the witness by injuring his or her character, the court has a discretion to disallow the question if, in its opinion, the subject matter of the question is so remote in time or is of such a nature that an admission of its truth would not materially affect the credibility of the witness.
59 	Scandalous and insulting questions
(1) 	A court may disallow a question which, in the opinion of the court, is indecent or scandalous unless the question relates to a fact in issue in the proceeding or to matters necessary to be known in order to determine an issue of fact in the proceeding.
(2) 	A court may disallow a question which, in the opinion of the court, is intended only to insult or annoy or is needlessly offensive in form. 
60 	Party’s discrediting of own witness
(1) 	The party by whom a witness is called is not entitled to impeach the credit of the witness by general evidence of bad character.
(2) 	On the application of the party by whom a witness has been called, the court may grant leave to the party—
	(a)	to prove that the witness has, at another time, made a statement inconsistent with his or her own evidence; or
	(b)	to cross-examine the witness as to whether the witness has, at any time, made a statement inconsistent with his or her own evidence.
(3) 	The court may grant an application under subsection (2) whether or not it is alleged or proved that the witness is adverse to the party by whom he or she was called.
(4) 	A party is not entitled to prove that a witness has made a statement inconsistent with his or her own evidence unless the witness has been informed of sufficient of the circumstances of the making of the statement to identify the occasion on which the statement was made and has been asked whether he or she made the statement.
61 	Proof of prior inconsistent statement of witnesses
(1) 	Subject to subsection (2), where a witness, upon cross-examination concerning a statement alleged to have been made by him or her relating to the subject matter of the proceedings and inconsistent with his or her own evidence, does not admit to making the statement, evidence of the making of the statement is admissible.
(2) 	Evidence of the making by a witness of a statement referred to in subsection (1) is not admissible unless the witness has been informed of sufficient of the circumstances of the making of the statement to identify the occasion on which the statement was made and has been asked whether he or she made the statement.
62 	Cross-examination as to previous statements
(1) 	Subject to subsection (2), a witness may be cross-examined as to—
	(a)	statement made by the witness in writing or by the witness and reduced into writing whether by the witness or another person; or
	(b)	evidence given by the witness before a court; 
without the statement, or the deposition or transcript containing the evidence, being shown to the witness.
(2) 	Proof of the making of a statement or of the giving of the evidence referred to in subsection (1) shall not be given for the purpose of contradicting the witness unless the attention of the witness has been directed towards those parts of the statement or evidence that are to be used to contradict him or her. 
(3) 	Notwithstanding subsection (2), a court may at any time during the hearing of a proceeding direct that the writing containing a statement or the deposition or transcript containing the evidence referred to in subsection (1) be produced to the court, and the court may make such use in the proceeding of the writing, deposition or transcript as the court thinks fit.
63 	Evidence in writing
	In a proceeding, a party or a witness may give evidence in writing if the court is satisfied that he or she is unable to communicate effectively otherwise than in writing, even with the assistance of a competent interpreter within the meaning of section 63A.
63A 	Interpreters
(1) 	In a proceeding, where a party or a witness is—
	(a)	unable to communicate effectively in English; or
	(b)	unable to hear, or to speak, effectively;
the court shall permit the party or witness to be assisted by a competent interpreter, subject to subsection (2).
(2) 	A court shall not permit a party or a witness in a proceeding to be assisted by an interpreter where the court considers that it would not be in the interests of justice to do so.
(3)  	A competent interpreter shall be provided for the purposes of subsection (1) by—
	(a)	in the case of a criminal proceeding—the prosecutor; or
	(b)	in any other case—the party requiring the assistance of the interpreter, or the party whose witness requires that assistance, as the case may be.
(4) 	In this section—
competent interpreter, in relation to assistance required by a party or a witness, means any person competent to provide assistance of the type required.
64 	Unsworn evidence of young children
(1) 	Where the evidence of a child who has not attained the age of 14 years is required in a proceeding, the court may receive that evidence without administering an oath or requiring an affirmation or declaration and, subject to subsection (2), without any formality.
(2) 	The court shall, before receiving evidence under subsection (1), explain, or cause it to be explained, to the child that he or she is required to tell truthfully what he or she knows about the matter to which the evidence relates.
65 	Dying declarations
	A statement made orally by a person before his or her death relating to the circumstances resulting in that death is admissible in evidence in a proceeding if—
	(a)	at the time when the person made the statement, he or she knew or believed, or may be reasonably supposed by the court to have known or believed, that his or her death was imminent, whether or not the person entertained, at that time, any hope of recovery; and
	(b)	at the time at which the person made the statement, he or she would have been a competent witness in a proceeding; and
	(c)	the person making the statement could, if he or she had not died, have given direct oral evidence in the proceeding of the matters in the statement.

Part 10—Evidence in Criminal Proceedings
66 	Competency and compellability of witnesses in criminal proceedings
(1) 	In a criminal proceeding, the person charged and the husband and wife of the person charged are competent witnesses but, except as provided by subsection (3), are not compellable witnesses.
(2) 	Nothing in subsection (1) makes the person charged with an offence liable to be called as a witness on behalf of the prosecution.
(3) 	In a criminal proceeding in which a person is charged—
	(a)	with an offence against Part 3 or Part 3A of the Crimes Act 1900 which is committed against a person under the age of 16 years; or
	(b)	with an offence against section 374 (Dangerous employment), 375 (Regulation of employment of children and young people), 376 (Duty of employers of children and young people), 389 (Offences in relation to child or young person subject to an order) or 390 (Offence to harbour or conceal child or young person) of the Children and Young People Act 1999; or
	(c)	with a domestic violence offence within the meaning of the Domestic Violence Act 1986 or an offence under section 27 of that Act;
the husband or wife of the person charged is a compellable witness in the proceeding.
67 	Admission by accused person
	In a criminal proceeding, the person charged with the offence may, if advised to do so by his or her legal practitioner, make any admissions with regard to matters of fact, and give any consent, that a party to a civil proceeding may make or give. 
68 	Admissibility of confessions or admissions
(1) 	Subject to subsection (2), a confession or admission made by a person charged in a criminal proceeding is not admissible in evidence against that person unless it was made voluntarily by that person.
(2) 	A concession or admission tendered in evidence against the person charged in a criminal proceeding shall not be rejected only on the ground that a promise, threat or other inducement (not being the exercise of violence, force or other form of compulsion) has been held out to or exercised upon the person making the confession or admission, if the judge is satisfied that the means by which the confession or admission was obtained were not in fact likely to cause an untrue admission of guilt to be made.
(3) 	The judge has, in a criminal proceeding, a discretion to reject a confession or admission (whether or not it is a confession or admission to which subsection (2) applies) made by the person charged if, having regard to the circumstances in which, or the means by which, the confession or admission was obtained, the judge is satisfied that it would be unfair to the person charged to admit the confession or admission in evidence.
68A 	Abolition of right of accused to make unsworn statement
(1) 	Any rule of law or procedure or any practice permitting an accused person in criminal proceedings to make an unsworn statement or to give unsworn evidence in defence is abolished.
(2) 	Subsection (1) does not affect the operation of section 64.
69 	Incriminating questions
	Subject to section 70, a person charged in a criminal proceeding, if he or she gives evidence in the proceeding, may be asked, and is bound to answer, a question notwithstanding that the answer to the question may tend to incriminate the person in relation to the offence to which the proceeding relates. 
70 	Questioning of accused as to prior convictions and general reputation
(1) 	Except as provided by this section, a person charged in a criminal proceeding shall not, if he or she gives evidence in the proceeding, be asked a question tending to show that the person has committed or has been convicted of or has been charged with an offence (other than the offence to which the proceeding relates), that the person has otherwise engaged in improper conduct or that the person has a bad reputation, if the question is asked merely for the purpose—
	(a)	of showing that the person charged is guilty of the offence to which the proceeding relates by reason of the person’s disposition towards wrongdoing, his or her tendency to commit crime or his or her bad character; or
	(b)	of attacking the credibility of the person charged.
(2) 	Where, in a criminal proceeding—
	(a)	the person charged has, personally or by his or her legal practitioner, asked questions of a witness for the prosecution with a view to establishing his or her own good character; or 
	(b)	the person charged has given or called evidence of his or her own good character; or
	(c)	the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or a witness for the prosecution, being imputations that are not such as would necessarily arise from a proper presentation of the defence; or
	(d)	the person charged has given evidence against another person tried jointly with him or her for the offence with which the person is charged; 
the person charged, if he or she gives evidence, may, with the permission of the court, be asked and is bound to answer a question of a kind referred to in subsection (1).
(3) 	A court shall not, by virtue of the operation of subsection (2), permit a question of the kind referred to in subsection (1) to be asked of the person charged unless the court is of the opinion that the question is relevant to his or her credibility as a witness and that, in the interests of justice and in the circumstances of the case, it is proper to permit the question to be asked.
71 	Evidence as to character of accused
	Where evidence as to the character of a person charged with an offence is admitted in a criminal proceeding, the court may take that evidence into account in relation to the question whether the person is guilty of the offence charged.
72 	Depositions of persons dangerously ill
(1) 	In this section—
trial means—
	(a)	a proceeding before the Supreme Court in respect of an indictable offence; or
	(b)	a proceeding under the Magistrates Court Act 1930 in respect of an indictable offence.
(2) 	Where a magistrate is satisfied that—
	(a)	a person is or may be able to give evidence relating to an indictable offence or on behalf of a person charged with such an offence;
	(b)	that the firstmentioned person is dangerously ill and is not likely to recover from the illness; and
	(c)	by reason of that illness, the firstmentioned person is or may be unable to give evidence at the trial of a person who has been, or may be, charged with an indictable offence; 
the magistrate may take the evidence of the firstmentioned person in the Territory or elsewhere in Australia.
(3) 	Before taking the evidence of a person under this section, the magistrate shall—
	(a)	if a person has been charged with the commission of an indictable offence to which the evidence relates; or
	(b)	if it appears to the magistrate that a person may be charged with an indictable offence to which the evidence relates; 
cause notice to be given to the person charged or who may be charged, and, if the evidence is evidence on behalf of the person charged and it is practicable to do so, also cause notice to be given to the director of public prosecutions, or a person authorised by the director of public prosecutions, of the fact that the magistrate proposes to take the evidence of the firstmentioned person under this section and of the time and place at which the magistrate proposes to take that evidence.
(4) 	Any person to whom a notice is given under subsection (3) (including the director of public prosecutions or a person authorised by the director of public prosecutions) may—
	(a)	be present while the relevant evidence is being taken; and
	(b)	cross-examine the person giving the evidence.
(5) 	The magistrate before whom the evidence is taken—
	(a)	shall cause the evidence (including evidence given under cross-examination) to be recorded; and
	(b)	shall, if the person whose evidence is taken is able to write, cause that person to sign the evidence; and
	(c)	shall endorse on or annex to that evidence a statement setting out the reasons for taking the evidence, the date and time and the place where it was taken and of the names of the persons present at the taking of the evidence.
(6) 	If, on the trial of a person charged with an offence to which the evidence contained in the record made under this section relates, the court is satisfied—
	(a)	that the person by whom the evidence was given is dead, or is, by reason of illness, unable to attend the trial; and
	(b)	that—
	(i)	the person charged, or his or her legal practitioner, was present when the evidence was taken; or
	(ii)	reasonable notice of the time and place fixed for the taking of the evidence was given to the person charged or to his or her legal practitioner; 
the record of the evidence is admissible, to the extent that the evidence would have been admissible at the trial if given orally.
(7) 	The record of the evidence taken in pursuance of this section shall, if a person is charged with an indictable offence to which the evidence relates, be deemed to form part of the depositions taken on the proceedings against that person  for that offence in the Magistrates Court.
74 	Comment on failure to give evidence
(1) 	On the trial of an indictable offence, the failure of the person charged or his or her spouse to give evidence shall not be made the subject of comment by the legal practitioner representing the prosecution. 
(2) 	Where—
	(a)	2 or more persons are being tried together for an indictable offence; and
	(b)	comment is made by or on behalf of any of those persons on the failure of any of those persons or of the spouse of any of those persons to give evidence; 
the judge may make such observations to the jury in regard to the comment or the failure to give evidence as the judge thinks fit.
75 	Admissibility of certificates of scientific examination
(1) 	A certificate in writing signed by a person who has made a scientific examination of an article or body setting out—
	(a)	the person’s scientific qualifications; and
	(b)	that the person has made the examination; and
	(c)	the facts ascertained and the conclusions reached;
is admissible in evidence—
	(d)	on the hearing of a proceeding before the Magistrates Court for an indictable offence; and
	(e)	on an inquest or inquiry held under the Coroners Act 1997.
(2) 	Nothing in subsection (1) prevents the Magistrates Court or the coroner from requiring the person by whom such a certificate has been given to attend and give evidence before the court or the coroner.
(3) 	Where a certificate referred to in subsection (1) is tendered in a proceeding before the Magistrates Court, the court shall not dispose of the case summarily except with the consent of the person charged.
76 	General discretion to reject evidence
	Nothing in this Act derogates from the court’s discretion to exclude evidence in a criminal proceeding if the court is satisfied that it would be unfair to the person charged to admit that evidence.

Part 10A—Evidence in Sexual Offence Proceedings
76A 	Application of Part
	This Part applies to a proceeding in the Supreme Court or the Magistrates Court and to an inquest or inquiry under the Coroners Act 1997.
76B 	Interpretation
	In this Part, unless the contrary intention appears—
accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in the proceedings with a prescribed sexual offence.
complainant, in relation to any proceedings, means the person, or any of the persons, in relation to whom the accused person is alleged to have committed a prescribed sexual offence.
prescribed sexual offence means—
	(a)	an offence against a provision of Part 3A of the Crimes Act 1900; and
	(b)	where a person charged with any offence is alleged, as an element of that offence, to have intended to commit an offence against a provision of Part 3A of that Act—the offence with which the person is charged.
prescribed sexual offence proceedings means proceedings in which a person stands charged with a prescribed sexual offence, whether the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.
76C 	Evidence of complaint
(1) 	Any rule of law or practice permitting evidence to be admitted in any proceedings in respect of a sexual offence, being evidence relating to the making of a complaint, or the terms of a complaint, by the complainant, is abolished and no such evidence shall be admitted in any prescribed sexual offence proceedings.
(2) 	Nothing in this section affects the admissibility of evidence in relation to a complaint, or the terms of a complaint, by the complainant in prescribed sexual offence proceedings where that evidence is otherwise admissible under any other rule of law or practice.
76D 	Proceedings in camera
(1) 	Any evidence given by the complainant in prescribed sexual offence proceedings (including evidence given under cross-examination) shall, if the court so directs, be given in camera.
(2) 	Where the complainant in prescribed sexual offence proceedings gives evidence in camera under subsection (1), a person nominated by the complainant is entitled to be present in court when the complainant gives that evidence in those proceedings. 
76E 	Prohibition of publication of identity of complainant
	A person shall not, without the consent of the complainant in any prescribed sexual offence proceedings, publish the name of that complainant or any reference or allusion by which the identity of that complainant is disclosed or from which the identity of the complainant might reasonably be inferred.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
76F 	Abolition of rules about corroboration
(1) 	Any rule of law or practice requiring the corroboration of evidence or requiring the judge to give a warning to the jury in criminal proceedings to the effect that it is unsafe to convict a person on uncorroborated evidence is abolished in so far as the rule applies to or in relation to evidence given by the complainant in the trial of a person for a prescribed sexual offence.
(2) 	Nothing in this section shall affect the right of the judge in prescribed sexual offence proceedings to comment on any evidence that may be unreliable but the judge shall not, in such proceedings, give a warning to the jury to the effect that it is unsafe to convict the accused person on the uncorroborated evidence of the complainant.
(3) 	Nothing in this section affects the operation of any rule of law or practice which requires—
	(a)	a judge, on the trial of a person for a sexual offence alleged to have been committed before 28 November 1985, to give the jury a warning as referred to in subsection (1); or
	(b)	a judge, on the trial of any person, to give the jury a warning to the effect that it is unsafe to convict a person on the uncorroborated sworn evidence of a child.
76G 	Admissibility of evidence of sexual reputation
(1) 	In prescribed sexual offence proceedings, evidence relating to the sexual reputation of the complainant is inadmissible.
(2) 	No evidence may be adduced and no question may be asked in prescribed sexual offence proceedings, except with the leave of the judge, relating to any sexual experience of the complainant with a person other than the accused person.
(3) 	The judge shall not give leave in pursuance of subsection (2) for any evidence to be adduced or any question to be asked unless—
	(a)	an application for leave is made to the judge, in the absence of the jury; and
	(b)	the judge is satisfied that a refusal to allow the evidence to be adduced or the question to be asked would prejudice the fair trial of the accused person.
(4) 	Nothing in this section authorises the admission of evidence of a kind which was inadmissible immediately before 28 November 1985. 

Part 11—Admissibility of Convictions in Civil Proceedings
77 	Proof of convictions
(1) 	In this section—
civil proceeding does not include an action for libel or slander.
(2) 	The fact that a person has been convicted of an offence by a court is admissible in evidence for the purposes of proving, where to do so is relevant to an issue in a civil proceeding, that the person committed that offence, and, where a person is, in a civil proceeding, proved to have been convicted of an offence by a court, the person shall, unless the contrary is proved, be taken to have committed that offence.
(3) 	This section applies—
	(a)	whether or not a person was convicted upon a plea of guilty; and 
	(b)	whether or not the person convicted is a party to the civil proceeding.
78 	Proof of convictions—actions for libel and slander
	In an action for libel or slander in which the question whether a person did or did not commit a criminal offence is relevant to an issue, proof that, at the time when that issue falls to be determined, that person stands convicted by a court of that offence is conclusive evidence that the person committed that offence.
79 	Evidence identifying facts upon which conviction was based
	Without prejudice to the reception of any other evidence for the purpose of identifying the facts on which a conviction was based, the statements in any document which is, under section 94, admissible in evidence, are admissible in evidence in a civil proceeding (including an action for libel or slander) for the purposes of identifying the facts upon which the conviction specified in that document was based.
80 	Operation of other laws 
	Nothing in this Part derogates from the operation of any other law of the Territory under which a conviction or finding of fact in a criminal proceeding is, for the purposes of any other proceeding, made evidence or conclusive evidence of any fact. 
81 	Interpretation
	In this Part—
	(a)	a reference to a court—
	(i)	shall be read as a reference to a court in a State or Territory; and
	(ii)	shall not be read as including a reference to a court martial; and
	(b)	a reference to a conviction shall not be read as including—
	(i)	a reference to a conviction that has been set aside or quashed; or
	(ii)	if the person convicted of an offence has been granted a pardon in respect of that offence, as including a reference to such a conviction.

Part 12—Publication of Evidence
82 	Application of Part
	This Part applies to a proceeding in the Supreme Court or the Magistrates Court, or to an inquest or inquiry under the Coroners Act 1997.
83 	Prohibition of publication of evidence etc
(1) 	Where it appears to a court that—
	(a)	the publication of evidence, given or intended to be given, in a proceeding before that court, is likely to prejudice the administration of justice; or
	(b)	in the interests of the administration of justice, it is desirable that the name of a party to, or a witness, or intended witness, in such a proceeding be not published; 
the court may, at any time during or after the hearing of the proceeding, make an order—
	(c)	forbidding the publication of the evidence or a specified part of the evidence, or of a report of the evidence, either absolutely or subject to such conditions as the court specifies or for such period as is specified; or
	(d)	forbidding the publication of the name of such a party or witness.
(2) 	Where a court makes an order under subsection (1), the court may, if it thinks fit, also direct that persons specified by the court, or all persons except persons so specified, shall remain outside the courtroom for such period as the court specifies.
84 	Noncompliance with section 83 order
(1) 	A person who contravenes an order or direction under section 83 is guilty of an offence and is punishable, upon conviction, by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
(2) 	For the purpose of section 83 and this section, the publication of a reference or allusion to a party to, or a witness in, a proceeding shall, if the reference or allusion is such as to disclose the identity of the party or witness, be deemed to be a publication of the name of the party or witness.
85 	Questions disallowed under sections 58 and 59
	Where a court disallows a question to which section 58 or 59 applies, a person shall not, without the leave of the court, publish the question or any answer given to the question. 
Penalty:  50 penalty units or imprisonment for 6 months, or both.

Part 12A—Examination of Witnesses Outside the Territory But Within Australia
85A 	Application
	This Part applies only in relation to an examination within Australia.
85B 	Interpretation 
	In this Part—
examination includes any proceeding for the taking of evidence of a person conducted by a judicial authority of a place outside the Territory in accordance with a letter of request issued pursuant to an order made by the Supreme Court under this Part.
inferior court means a court of the Territory other than the Supreme Court.
judicial authority, in relation to a place outside the Territory,  means a court or person prescribed as a judicial authority for that place.
85C 	Supreme Court proceedings
(1) 	In any civil or criminal proceeding in the Supreme Court, the court may, where it appears in the interests of justice to do so, make an order—
	(a)	for the examination of a person on oath or affirmation at a place outside the Territory before a judge of the court, an officer of the court or such other person as the court may appoint; or
	(b)	for the issue of a commission for the examination of a person on oath or affirmation at a place outside the Territory; or
	(c)	for the issue of a letter of request to a judicial authority of a place outside the Territory to take, or to cause to be taken, the evidence of a person.
(2) 	In determining whether it is in the interests of justice to make an order under subsection (1) in relation to the taking of evidence of a person, the Supreme Court shall have regard to—
	(a)	whether the person is willing or able to come to the Territory to give evidence in the proceeding; and
	(b)	whether the person will be able to give evidence material to any issue to be tried in the proceeding; and
	(c) 	whether, having regard to the interests of the parties to the proceeding, justice will be better served by making or refusing to make the order.
(3) 	Where the Supreme Court makes an order of the kind referred to in paragraph (1) (a) or (b), the court may, then or subsequently, give such directions as it thinks just with respect to the place, time and manner of the examination, the procedure to be followed in relation to it, and any other matter that the court thinks relevant.
(4) 	Where the Supreme Court makes an order of the kind referred to in paragraph (1) (c), the court may include in the order a request as to any matter relating to the taking of the evidence, including any of the following matters:
	(a)	the examination, cross-examination or re-examination of the person, whether the evidence is to be given orally, by affidavit or otherwise;
	(b)	the attendance of the legal practitioner representing each party to the proceeding and the participation of those practitioners in the examination in appropriate circumstances; 
	(c)	any prescribed matter.
(5) 	Subject to subsection (6), the Supreme Court may, on such terms, if any, as it thinks just, permit a party to the proceeding to tender as evidence in the proceeding the evidence taken in an examination held pursuant to an order under subsection (1) or a record of that evidence.
(6) 	Evidence so tendered is not admissible if—
	(a)	at the hearing of the proceeding the Supreme Court is satisfied that the person is in the Territory and is able to attend the hearing; or
	(b)	the evidence would not have been admissible had it been given or produced at the hearing.
(7) 	Where it is in the interests of justice to do so, the Supreme Court may exclude from the proceeding evidence taken in an examination held pursuant to an order under subsection (1) even if it is otherwise admissible.
(8) 	In this section, a reference to evidence taken in an examination shall be read as including a reference to—
	(a)	a document produced at the examination; and
	(b)	answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination.
85D 	Inferior court proceedings
(1) 	The Supreme Court may, on the application of a party to a civil or criminal proceeding before an inferior court, exercise the same power to make an order of a kind referred to in subsection 85C (1) for the purpose of that proceeding as the Supreme Court has under that subsection for the purpose of a proceeding in the Supreme Court.
(2) 	Subsections 85C (5), (6) and (7) apply in relation to evidence taken in an examination held pursuant to an order made by the Supreme Court by virtue of this section as if—
	(a)	in those subsections—
	(i)	a reference to the proceeding were a reference to the proceeding in the inferior court; and
	(ii)	a reference to the Supreme Court were a reference to the inferior court; and
	(b)	in subsections 85C (5) and (7), a reference to an order under subsection (1) were a reference to an order made by the Supreme Court by virtue of this section.
85E 	Other proceedings
(1) 	Where the Supreme Court makes an order under subsection 85D (1) for the purpose of a committal proceeding, it may include in the order an order that evidence taken outside the Territory pursuant to the firstmentioned order may, subject to this section, be tendered in a proceeding (in this section called a subsequent proceeding) that is—
	(a)	a criminal proceeding that results from the committal proceeding; or
	(b)	a related civil proceeding.
(2) 	Where the Supreme Court makes an order under subsection 85C (1) or 85D (1) for the purpose of a criminal proceeding other than a committal proceeding, it may include in the order an order that evidence taken outside the Territory pursuant to the firstmentioned order may, subject to this section, be tendered in a proceeding (in this section called a subsequent proceeding) that is a related civil proceeding.
(3) 	Subject to subsection (4), where the Supreme Court has included in an order under subsection 85C (1) or 85D (1) an order under this section, the court before which the subsequent proceedings is instituted may, on such terms (if any) as it thinks just, permit a party to the subsequent proceeding to tender as evidence in the subsequent proceeding the evidence of a person taken in an examination held pursuant to the order made under subsection 85C (1) or 85D (1) or a record of that evidence.
(4) 	Evidence so tendered is not admissible if—
	(a)	at the hearing of the subsequent proceeding the court is satisfied that the person is in the Territory and is able to attend the hearing; or 
	(b)	the evidence would not have been admissible had it been given or produced at the hearing.
(5) 	Where it is in the interests of justice to do so, the court before which the subsequent proceeding is instituted may exclude from the subsequent proceeding evidence taken in an examination held pursuant to an order under subsection 85C (1) or 85D (1) even if it is otherwise admissible.
(6) 	In this section, unless the contrary intention appears—
related civil proceeding, in relation to a criminal proceeding, means any civil proceeding relating to a cause of action arising from the same subject matter.
85F 	Variation or revocation of orders
(1) 	The Supreme Court may vary or revoke an order made under subsection 85C (1) or 85D (1) (in this section called a primary order).
(2) 	The power conferred by subsection (1) includes the power to—
	(a)	include in a primary order an order under section 85E; or
	(b)	vary or revoke an order under section 85E that is included in a primary order.
(3) 	Where a primary order that includes an order under section 85E is revoked, the lastmentioned order shall be taken to have been revoked at the same time.
85G 	Exclusion of evidence in criminal proceeding
	This Part shall not be taken to affect the power of a court hearing a criminal proceeding to exclude evidence that has been obtained illegally or that would, if admitted, operate unfairly against the defendant.
85H 	Operation of other laws
	This Part is not intended to exclude or limit the operation of any law of the Territory that makes provision for the examination of witnesses outside the Territory for the purpose of a proceeding in the Territory.
85I 	Regulations and rules of court
(1) 	The Attorney-General may make regulations, not inconsistent with this Part, prescribing matters—
	(a)	required or permitted by this Part to be prescribed; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) 	Rules of court under section 36 of the Supreme Court Act 1933 may provide, not inconsistently with any regulations made under subsection (1), for or with respect to all matters necessary or convenient to be prescribed for carrying out or giving effect to this Part and, in particular, for or with respect to the practice and procedure of the Supreme Court in a proceeding for the making of an order under subsection 85C (1) or 85D (1).
(3) 	This section does not affect any power to make regulations or rules under any other law.

Part 12B—Taking of Evidence for Foreign and Australian Courts
85J 	Interpretation 
	In this Part—
property includes any land, chattel or other corporeal property of any description.
request includes any commission, order or other process issued for the making of an application under subsection 85K (1).
requesting court means a court or tribunal by or on behalf of which a request is issued.
85K 	Power of Supreme Court
(1) 	If, on an application made to the Supreme Court for an order for evidence to be obtained in the Territory, the Supreme Court is satisfied—
	(a)	that the application is made pursuant to a request issued by or on behalf of a court or tribunal exercising jurisdiction in a place outside the Territory; and
	(b)	that the evidence to which the application relates is sought to be obtained for the purpose of a proceeding which has been or may be instituted before the requesting court; 
the Supreme Court may, by order, make such provision for obtaining evidence in the Territory as appears to the court to be appropriate for the purpose of giving effect to the request.
(2) 	An order under subsection (1) shall not be made in respect of a criminal proceeding unless the requesting court is a court of a place in Australia or New Zealand.
(3) 	Without limiting the generality of subsection (1), an order under that subsection may make provision for all or any of the following matters:
	(a)	the examination of witnesses, orally or in writing; 
	(b)	the production of documents;
	(c)	the inspection, photographing, preservation, custody or detention of property;
	(d)	the taking of samples of property and the carrying out of any experiments on or with property;
	(e)	the medical examination of a person;
	(f)	without limiting paragraph (e), the taking and testing of samples of blood from a person.
(4) 	An order under subsection (1) may require a specified person to take such steps as the Supreme Court considers appropriate, being steps of a kind that could be required to be taken to obtain evidence for the purpose of a proceeding in the Supreme Court (whether or not a proceeding of the same kind as that to which the application for the order relates).
(5) 	Subsection (4) does not preclude the making of an order requiring a person to give testimony, orally or in writing, otherwise than on oath where this is asked for by the requesting court.
(6) 	An order under subsection (1) shall not require a person—
	(a)	to state what documents relevant to the proceeding to which the application for the order relates are or have been in the person’s possession, custody or control; or
	(b)	to produce any documents other than particular documents specified in the order and appearing to the Supreme Court to be, or to be likely to be, in the person’s possession, custody or control.
(7) 	A person who, by virtue of an order under subsection (1), is required to attend at any place is entitled to the like conduct money and payment for expenses and loss of time on attendance as a witness in a proceeding in the Supreme Court.
85L 	Privilege of witnesses
(1) 	A person shall not be compelled by virtue of an order under subsection 85K (1) to give any evidence which the person could not be compelled to give in similar proceedings in—
	(a)	the Territory; or
	(b)	the place where the requesting court exercises jurisdiction.
(2) 	Paragraph (1) (b) does not apply unless the claim of the person to be exempt from giving evidence is—
	(a)	supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or
	(b)	conceded by the applicant for the order.
(3) 	Where such a claim is not so supported or conceded, the person may, subject to this section, be required to give the evidence to which the claim relates, but that evidence shall not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.
(4) 	In this section, a reference to giving evidence shall be read as including a reference to answering a question or to producing a document.
85M 	Operation of other laws
	This Part is not intended to exclude or limit the operation of any law of the Territory that makes provision for the taking of evidence in the Territory for the purpose of a proceeding outside the Territory.
85N 	Rules of court
	Rules of court under section 36 of the Supreme Court Act 1933 may provide for or with respect to—
	(a)	the manner in which an application under subsection 85K (1) is to be made; and
	(b)	the circumstances in which an order may be made under subsection 85K (1); and
	(c)	the manner in which any reference referred to in subsection 85L (3) is to be made; and
	(d)	any incidental, supplementary or consequential matters.

Part 13—Miscellaneous
86 	Documents 20 years old
	Any presumption that would, immediately before 29 March 1971, have been made in a proceeding in relation to a document proved or purporting to be not less than 30 years old shall, on and after that date, be made in relation to a document of the same kind proved or purporting to be not less than 20 years old.
87 	Machine copies
	Where a document has been copied by means of a photographic or other machine which produces a facsimile copy of the document, the copy is, upon proof to the satisfaction of a court that the copy was taken or made from the original document by means of the machine, admissible in evidence to the same extent that the original document would be admissible in evidence without—
	(a)	proof that the copy was compared with the original; and
	(b)	notice to produce the original document having been given. 
88 	Impounding documents
	Where a document has been tendered or produced before a court, the court may, whether or not the document is admitted in evidence, direct that the document shall be impounded and kept in the custody of an officer of the court or of another person for such period and subject to such conditions as the court thinks fit.
89 	Proof of service on notice to produce
	An affidavit made by the person by whom a notice to produce a document or article has been served stating the time and manner of service and having annexed to it a copy of the notice is evidence of the service of the notice and of the time when it was served.
90 	Proof of authority to institute proceedings for indictable offences
	An averment or recital, in an information for an indictable offence presented to the Supreme Court, that the offence is prosecuted in the name of a person appointed by the Governor-General to prosecute in that behalf is evidence that the person named in the information has been duly appointed by the Governor-General to prosecute in that behalf.
92 	Maps, charts etc
	Where, in a proceeding, there is a question as to the territorial limits or situation of an area or place, or the distance between 2 places, a court may admit in evidence—
	(a)	a published book,  map, chart or document that appears to the court to be a reliable source of information in relation to the question; or
	(b)	a certificate purporting to be signed by a person occupying, or performing the duties of, an office which, in the opinion of the court, qualifies the person to express an opinion in relation to the question.
93 	Evidence when letter delivered in ordinary course of post
(1) 	Where, in a proceeding, evidence is given that a letter was posted (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified address, the letter shall, unless the contrary is proved, be deemed to have been delivered to that address at the time at which the letter would have been delivered in the ordinary course of post. 
(2) 	A certificate given by a person duly authorised to do so by Australia Post stating that a letter posted (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified address would, in the ordinary course of post, have been delivered at that address on a specified day is evidence of the fact stated.
(3) 	For the purposes of subsection (2), a document purporting to be a certificate referred to in that subsection shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.
94 	Proof of convictions
(1) 	In a proceeding, a certificate of the conviction of a person for a specified offence by a federal court, a court of a State or Territory of the Commonwealth or a court of a Commonwealth country, being a certificate purporting to be signed by the registrar or other proper officer of that court, is evidence of the fact of the conviction and of any particulars of the offence or of the conviction, including the date on which the offence was committed, and of any sentence of imprisonment or other penalty imposed, that are included in the certificate.
(2) 	In a proceeding, a certificate purporting to be signed by the registrar or other proper officer of a court referred to in subsection (1) that a person charged with an offence specified in the certificate was acquitted of the offence, or that the charge was dismissed, by that court is evidence of the facts stated in the certificate.
(3) 	An affidavit in accordance with the form set out in the Schedule, made by an officer of the police force of a State or another Territory, is, for the purpose of proving before a court the identity of a person alleged to have been convicted in that State or Territory of an offence, evidence in a proceeding that the person whose fingerprints are shown on a fingerprint card referred to in the affidavit and marked by the officer for identification—
	(a)	is the person referred to in a certificate of conviction or certified copy of a conviction annexed to the affidavit as having been convicted of an offence; and
	(b)	was convicted of that offence; and
	(c)	was convicted of any other offence of which he or she is stated in the affidavit to have been convicted.
(4) 	In subsection (3), and in the Schedule, where the Australian Federal Police provides policing services to a Territory, a reference to the police force of that Territory includes a reference to the Australian Federal Police.
95 	Abolition of certain privileges
(1) 	A person is not entitled, for the purposes of a civil proceeding, to refuse to answer a question or to produce a document or thing on the ground that to do so would expose the person to a forfeiture. 
(2) 	A person is not entitled to refuse to produce a document for the purposes of a legal proceeding on the ground that the document relates to the title of the person to land.
(3) 	A party to a civil proceeding is not entitled to refuse to produce a document for the purposes of that proceeding on the ground that the document relates solely to the party’s own case and in no way tends to impeach that case or support the case of any opposing party.

96 	Comparison of disputed writing
	Where, in a proceeding, any writing or signature is in dispute, the writing or signature may be compared with other writing or another signature proved to the satisfaction of the court to be the writing or signature of the person alleged to have written the writing or signature in dispute and the writing or signature so proved and the evidence of witnesses respecting the writing or signature so proved shall be evidence of the genuineness or otherwise of the writing or signature in dispute.

	schedule	(See s 94)
Form of Affidavit by Police Fingerprint Expert
(Formal Heading)
	I,  (full name)	of (address)	in the (name of State or Territory)	, an officer of the police force of that State or Territory and a fingerprint expert for that police force, being duly sworn make oath and say as follows:
1.	I have examined the fingerprint card marked by me for identification with the letter ‘A’.
2.	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 that State or Territory showing the fingerprints of (name of person and alias, if any) and say that the fingerprints on those cards are identical.
3.	According to those records, which I believe to be accurate, the said 	was convicted in that State (or Territory) of the following offences:
	Annexed hereto and marked with the letters are certified copies (or certificates) of the said convictions of	.
5.	From an examination of the records referred to above, I believe that the person referred to in each of those certified copies (or certificates) as having been convicted of the offence specified in it is identical with the person whose fingerprints are shown on the fingerprint card referred to in paragraph 2 of this affidavit.
Sworn at
  this
   of
   Before me,	
    day
, 19  ,	
}	
	A person authorised to take affidavits
	in (State or Territory)

ENDNOTES
1	About this republication
This is a republication of the Evidence Act 1971 as in force on 5 April 2001.  It includes all amendments made to the Act up to Act 2001 No 15.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act 
The Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth provided for the conversion of certain Commonwealth laws to Territory enactments after self-government.  The Evidence Act 1971 became a Territory enactment on 1 July 1992. 
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—Legislation before self-government
Ordinance†	Year and 
number†	Gazette
notification	Commencement	Transitional provisions	

Evidence Ordinance 1971	1971  No  4	25 Feb 1971	29 Mar 1971		
Public Trustee (Miscellaneous Amendments) Ordinance 1985	1985  No 9	8 Mar 1985	28 Oct 1985 (see Gaz 1985 No G42   p 3902)	—	
Evidence (Amendment) Ordinance 1985	 1985 No 19	17 Apr 1985	17 Apr 1985	—	
Evidence (Amendment) Ordinance (No. 2) 1985	1985  No 61	28 Nov 1985	28 Nov 1985	—	
Magistrates Court Ordinance 1985	1985  No 67	19 Dec 1985	1 Feb 1986 (see Gaz 1986 No G3     p 265)	—	
Children’s Services (Miscellaneous Amendments) Ordinance 1986	1986 No 14	4 June 1986	26 Apr 1988 (see Gaz 1988 No S116)	—	
Domestic Violence (Miscellaneous Amendments) Ordinance 1986	1986  No 53	4 Sept 1986	1 Oct 1986 (see Gaz 1986 No S484)	—	
Magistrates Court (Amendment) Ordinance (No. 3) 1986	1986 No 74	14 Nov 1986	14 Nov 1986	—	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989  No S164)	—	
Evidence (Amendment) Ordinance 1990	1990 No 4	27 June 1990	27 June 1990	—	
Evidence (Amendment) Ordinance (No. 2) 1990	1990 No 10	29 June 1990	29 June 1990	—	

Part 2—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Evidence (Amendment) Act 1993	1993 No 2	1 Mar 1993	1 Mar 1993	—	
Evidence (Amendment) Act  (No. 2) 1993	1993 No 62	6 Sept 1993	6 Sept 1993	—	
Electoral (Amendment) (Consequential Provisions) Act 1994	1994 No 15	17 May 1994	pt I (ss 1-3), 
s 7 and pt III (ss 9 and 10):  17 May 1994 (see s 2 (1))
ss 4-6 and pts IV and V (ss 11-15):  25 Aug 1994 (see s 2 (2) and (3) and Gaz 1994 No S172)
s 8:  17 May 1994  (see  s 2 (4))	—	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	1994 No 38	30 June 1994	ss 1 and 2:  30 June 1994
remainder:  1 July 1994 (see Gaz 1994 No S142 p 2)	—	
Administrative Appeals (Consequential Amendments) Act 1994	1994 No 60	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder:  14 Nov 1994 (see 
s 2 (2) and Gaz 1994 No S250)	—	
Statute Law Revision (Penalties) Act 1994
	1994 No 81	29 Nov 1994	ss 1 and 2:  29 Nov 1994
remainder:  29 Nov 1994 (see Gaz 1994 No S269 p 2)	—	
Evidence (Amendment) Act 1994	1994 No 98	15 Dec 1994	15 Dec 1994	—	
Coroners (Consequential Provisions) Act 1997	1997 No 58	9 Oct 1997	9 Oct 1997	—	
Legal Practitioners (Consequential Amendments) Act 1997	1997 No 96	1 Dec 1997	ss 1 and 2:  1 Dec 1997
remainder:  1 June 1998 (see s 2 (2)) 	—	
Evidence (Amendment) Act 1999	1999 No 21	14 Apr 1999	ss 1-3:  14 Apr 1999
remainder:  1 Sept 1999 (see Gaz 1999 No 35 p 447)	—	
Children and Young People (Consequential Amendments) Act 1999	1999 No 64	10 Nov 1999	ss 1 and 2:  10 Nov 1999
remainder:  10 May 2000 (see s 2 (2))	—	
Law Reform (Miscellaneous Provisions) Act 1999	1999 No 66	10 Nov 1999	10 Nov 1999	—	
Justice and Community Safety Legislation Amendment 2000 (No 3)	2000 No 17	1 June 2000	1 June 2000	—	
Legislation (Consequential Provisions) Act 2001
	2001 No 15	5 Apr 2001	s 1, s 2:  5 Apr 2001
remainder (s 3, s 4):  awaiting commencement see endnote 7	—	

5	Table of amendments

Provision	How affected†

s 2	sub 1993 No 2 
s 3	am 1993 No 62
s 4	om 1990 No 4
s 6	am 1989 No 38; 1993 No 62; 1994 No 38
pt II (ss 8-10)	om 1993 No 62
pt 2 (ss 8-10, 10A-10H) 	 ins 1993 No 62
ss 8, 9	sub 1993 No 62
s 10	am 1989 No 38
	sub 1993 No 62
ss 10A-10G	ins 1993 No 62
s 10H	ins 1993 No 62
	am 1994 Nos 15, 38 and 60
s 12	am 1993 No 62
s 14	am 1985 No 9;  1993 No 62
s 15	am 1989 No 38;  1993 No 62
s 16	am 1993 No 62
s 17	am 1993 No 62; 1997 No 96
ss 18, 19	am 1993 No 62
s 22	am 1993 No 62
ss 24-26	am 1993 No 62
s 27	am 1985 No 67;  1993 No 62
s 28	am 1993 No 62
s 29	am 1989 No 38;  1993 No 62
s 30	am 1993 No 62
s 32	am 1993 No 62
s 33	am 1989 No 38
	sub 1993 No 62
ss 35, 36	am 1993 No 62
ss 38-40	am 1993 No 62
s 41	am 1985 No 67; 1985 No 74;  1993 No 62
s 42	am 1985 No 67; 1989 No 38;  1993 No 62
ss 51-53	am 1993 No 62
ss 56-58	am 1993 No 62
ss 60-62	am 1993 No 62
s 63	sub 1993 No 2
s 63A	ins 1993 No 2
s 64	am 1993 Nos 2 and 62
s 65	am 1993 No 62
s 66	am 1985 No 61; 1986 Nos 14 and 53; 1989 No 38; 1993 No 62; 
1999 No 64 s 4 sch 2
s 67	am 1993 No 62; 1997 No 96
s 68	am 1993 No 62
s 68A	ins 1994 No 98
s 69	am 1993 No 62
s 70	am 1993 No 62; 1994 No 98; 1997 No 96
s 71	am 1993 No 62
s 72	am 1985 Nos 19 and  67; 1993 No 62; 1997 No 96
s 73	am 1985 No 67; 1990 No 10;  1993 No 62; 1997 No 96
	om 1999 No 66 s 6 sch 3
s 74	am 1993 No 62; 1997 No 96
s 75	am 1985 No 67; 1993 No 62; 1997 No 58
pt 10A (ss 76A-76H)	ins 1985 No 61
s 76A	ins 1985 No 61
	am 1985 No 67; 1993 No 62; 1997 No 58
s 76B	ins 1985 No 61
	am 1993 No 62
ss 76C, 76D	ins 1985 No 61
s 76E	ins 1985 No 61
	am 1994 No 81
s 76F	ins 1985 No 61
	am 1990 No 10;  1993 Nos 2 and 62
s 76G	ins 1985 No 61
	am 1993 No 62
s 76H	ins 1985 No 61
	am 1993 No 62
	om 1994 No 98
s 77	am 1993 No 62
ss 79-81	am 1993 No 62
s 82	am 1985 No 67; 1993 No 62; 1997 No 58
s 83	am 1993 No 62
ss 84, 85	am 1985 No 61; 1993 No 62; 1994 No 81
pt 12AA (ss 85AA-85AV)	ins 1999 No 21 s 4
	om 2000 No 17 s 3 sch 1
ss 85AA-85AV	ins 1999 No 21 s 4
	om 2000 No 17 s 3 sch 1
pt 12A (ss 85A-85I)	ins 1990 No 4
s 85A	ins 1990 No 4
	am 1993 No 62
s 85B	ins 1990 No 4
s 85C	ins 1990 No 4
	am 1997 No 96
ss 85D-85H	ins 1990 No 4
s 85I	ins 1990 No 4
	am 1993 No 62
pt 12B (ss 85J-85N)	ins 1990 No 4
ss 85J-85M	ins 1990 No 4
s 85N	ins 1990 No 4
	am 1993 No 62
s 86	am 1993 No 62
s 91	am 1993 No 62; 1999 No 66 s 6 sch 3
	om 1999 No 66 s 6 sch 3
s 92	am 1993 No 62
s 93	am 1993 No 62; R4 (see LR 15 (1) (p))
ss 94, 95	am 1993 No 62
s 97	am 1985 No 61;  1993 No 62; 1994 No 81
	om 1999 No 66 s 6 sch 3
hdg to The Schedule	om 1993 No 62
hdg  to sch	ins 1993 No 62
sch	am 1993 No 62

6	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1993 No 62	6 September 1993	
(2)	Act 1994 No 98	31 January 1995	
(3)	Act 1997 No 96	31 March 1999	
4	Act 1999 No 21	1 September 1999	
4A	Act 1999 No 21	1 September 1999	
4B	Act 1999 No 66	10 November 1999	
4C	Act 1999 No 64	10 May 2000	
4D	Act 2000 No 17	1 June 2000	

7	Uncommenced amendments

The following amendments have not been included in this republication because they were uncommenced at the republication date— 
Legislation (Consequential Provisions) Act 2001, No 15, (sch 1)
[1.1] 	Section 6 (definition of reserved law)—
	Omit the definition.
[1.2] 	Part 2—
	Repeal the part.

©  Australian Capital Territory 2000

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