Australian Capital Territory
Evidence Act 1971    
A1971-4
Republication No 10
Effective:  22 December 2005 – 10 July 2007
Republication date: 22 December 2005
Last amendment made by A2005-60

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Evidence Act 1971 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 December 2005.  It also includes any amendment, repeal or expiry affecting the republished law to 22 December 2005.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Evidence Act 1971

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	6	Definitions for Act	2
	7	Application of Act	3
Part 3	Proof of official documents and certificates
	11	Public documents	4
	12	Proof of certain documents	4
	13	Proof of birth, death or marriage	4
	14	Evidentiary effect of probate and letters of administration	5
	15	Admissibility of machine copies and reproductions of official documents	5
Part 4	Proof of attestation of documents
	16	Proof of attestation of documents	8
	18	Declarations of due attestation made outside ACT	8
	19	Capacity of attesting witnesses	9
	20	Proof—justices of the peace	10
Part 6	Admissibility of statements in documents
	28	Documentary evidence—maker of document called as witness	11
	29	Documentary evidence—maker of document unable to be called as witness	12
	30	Documentary evidence of opinions	14
	31	Documentary evidence—criminal proceedings	15
	32	Weight of documentary evidence	15
	33	Corroborative value of documentary evidence	16
	34	Production of documents and copies	16
	35	Signatures etc—proof of statements in documents	16
	36	Admissibility of documentary evidence—judicial discretion	17
	37	Medical certificates	17
	38	Documentary evidence of wages	17
Part 7	Admissibility of documents produced by computers
	39	Computers	19
	40	Information supplied to computers	19
	42	Admissibility of statements produced by computers	20
	43	Admissibility of computer statements—judicial discretion	21
	44	Evidentiary weight of computer statements	21
	45	Failure to comply with court rules	22
Part 8	Proof of foreign laws and documents
	46	References to statute	23
	47	Proof of written laws of overseas countries	23
	48	Proof of law reports of overseas countries	24
	49	Proof of judicial proceedings of overseas country	24
	50	Proof of public books and documents of overseas countries	24
	51	Certificates under s 47, s 49 or s 50	25
Part 9	Witnesses and evidence in proceedings generally
	52	Examination without subpoena or other court process	26
	53	Witness not disqualified by interest or crime	26
	56	Evidence about character	26
	58	Disallowance of certain questions	27
	59	Scandalous and insulting questions	27
	60	Party’s discrediting of own witness	27
	61	Proof of prior inconsistent statement of witnesses	28
	62	Cross-examination about previous statements	28
	63	Evidence in writing	29
	63A	Interpreters	29
	64	Unsworn evidence of young children	30
	65	Dying declarations	30
Part 10	Evidence in criminal proceedings
	67	Admission by accused person	31
	68	Admissibility of confessions or admissions	31
	68A	Abolition of right of accused to make unsworn statement	32
	69	Incriminating questions	32
	70	Questioning of accused about prior convictions and general reputation	32
	71	Evidence about character of accused	33
	72	Depositions of persons dangerously ill	33
	75	Admissibility of certificates of scientific examination	36
	76	General discretion to reject evidence	36
Part 11	Admissibility of convictions in civil proceedings
	77	Proof of convictions	37
	78	Proof of convictions—actions for libel and slander	37
	79	Evidence identifying facts on which conviction was based	37
	80	Operation of other laws	38
	81	References in pt 11 to court or conviction	38
Part 13	Miscellaneous
	86	Documents 20 years old	39
	87	Machine copies	39
	88	Impounding documents	39
	89	Proof of service on notice to produce	39
	90	Proof of authority to institute proceedings for indictable offences	40
	92	Maps, charts etc	40
	93	Evidence when letter delivered in ordinary course of post	40
	94	Proof of convictions	41
	95	Abolition of certain privileges	42
	96	Comparison of disputed writing	42
Schedule 1	Form of affidavit by police fingerprint expert	43
Endnotes
	1	About the endnotes	44
	2	Abbreviation key	44
	3	Legislation history	45
	4	Amendment history	49
	5	Earlier republications	62

Australian Capital Territory
Evidence Act 1971

An Act relating to evidence

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Evidence Act 1971.
6	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
Australia includes the external Territories.
court includes any tribunal or person having authority under a law in force in the ACT or by consent of parties to receive evidence.
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.
statement includes any representation of fact, whether made in words or by other means.
7	Application of Act
Unless the contrary intention appears in this Act, the provisions of this Act apply to every proceeding. 

Part 3	Proof of official documents and certificates
11	Public documents
If 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 ACT, 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
If, under a Territory law—
	(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 is a reference to probate, and to an exemplification of probate, whether granted within or outside the ACT; and
	(b)	a reference to letters of administration is a reference to—
	(i)	letters of administration, or an exemplification of letters of administration, whether granted within or outside the ACT; 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.
	(2)	If 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)	for 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)	for 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.
	(3)	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 (other than 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 way in which such a document, if not attested, may be proved.
	(2)	A document (other than a will or a codicil to a will) to the validity of which attestation is required that 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.
18	Declarations of due attestation made outside ACT
	(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)	that 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 section 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 that subsection, required in a proceeding.
19	Capacity of attesting witnesses
If—
	(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 where 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 ACT), 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 where that place is situated.

Part 6	Admissibility of statements in documents
    
28	Documentary evidence—maker of document called as witness
	(1)	If 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)	for a statement tending to establish a fact—the maker of the statement had personal knowledge of the matters dealt with by the statement or, for 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, for 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, if—
	(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)	If 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 because 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)	If 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 exercise 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 because 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)	If, 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 subsection (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)	If 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 relation to 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 because of old age or bodily or mental condition to appear as a witness; or
	(iv)	cannot with reasonable diligence be found.
	(2)	If, 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 subsection (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 about the correctness or otherwise of the statement including—
	(a)	for 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 that 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)	for 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 section 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 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 any way the court approves.
35	Signatures etc—proof of statements in documents
For 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 under 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 under 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 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 doctor.
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 relation to 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 relation to 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 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 written notice. 

Part 7	Admissibility of documents produced by computers
    
39	Computers
	(1)	A reference in this part to a computer is 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)	If 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 this part, as constituting a single computer.
40	Information supplied to computers
	(1)	For 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)	if, in the course of activities of a kind referred to in section 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 is a reference to information derived from other information whether by calculation, comparison or by any other process.
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 under the Court Procedures Act 2004, 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 when 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 that 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 that 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
If, apart from this section, a document produced by a computer would be inadmissible in evidence because of a failure to comply with the provisions of appropriate rules of court under the Court Procedures Act 2004, the court may, if it considers 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	References to statute
In this part, a reference to a statute includes 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 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
If 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 s 47, s 49 or s 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 Territory law, 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 because—
	(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.
56	Evidence about character
	(1)	If 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. 
58	Disallowance of certain questions
If any question put to a witness in cross-examination is not relevant to the subject matter of the proceeding, except 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 that, 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 to determine an issue of fact in the proceeding.
	(2)	A court may disallow a question that, 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), if a witness, on cross-examination about 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 about previous statements
	(1)	Subject to subsection (2), a witness may be cross-examined about—
	(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 any use in the proceeding of the writing, deposition or transcript that the court considers appropriate.
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, if 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 if the court considers that it would not be in the interests of justice to do so.
	(3) 	A competent interpreter shall be provided for subsection (1) by—
	(a)	for 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)	If the evidence of a child who has not attained 14 years old 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 when 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
    
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 lawyer, 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 (other than the exercise of violence, force or other form of compulsion) has been held out to or exercised on 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 about 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 because 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)	If, in a criminal proceeding—
	(a)	the person charged has, personally or by his or her lawyer, 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, because 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 about character of accused
If evidence about 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 relation to an indictable offence; or
	(b)	a proceeding under the Magistrates Court Act 1930 in relation to an indictable offence.
	(2)	If 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; and
	(b)	that the firstmentioned person is dangerously ill and is not likely to recover from the illness; and
	(c)	because 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 ACT 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; 
give a notice 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 give notice 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 where 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, because of illness, unable to attend the trial; and
	(b)	that—
	(i)	the person charged, or his or her lawyer, 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 lawyer; 
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 under 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.
75	Admissibility of certificates of scientific examination
	(1)	A written certificate 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)	If 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 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, if to do so is relevant to an issue in a civil proceeding, that the person committed that offence, and, if 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 on 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 on 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 that 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 on 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 Territory law 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	References in pt 11 to court or conviction
In this part:
	(a)	a reference to a court—
	(i)	is a reference to a court in a State or Territory; and
	(ii)	does not include a reference to a court martial; and
	(b)	a reference to a conviction does not include—
	(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 relation to that offence, as including a reference to such a conviction.

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
If a document has been copied by means of a photographic or other machine that produces a facsimile copy of the document, the copy is, on 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
If 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 the period and subject to the conditions that the court considers appropriate.
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
If, in a proceeding, there is a question about 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 that, 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)	If, 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 when 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 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 when 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 schedule 1, 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 schedule 1, 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
If, 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 1	Form of affidavit by police fingerprint expert
    
(see s 94)
 (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
, 20  ,	
}	
	A person authorised to take affidavits
	in (State or Territory)

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This Act was originally a Commonwealth ordinance—the Evidence Ordinance 1971 No 4 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Australian Capital Territory (Self-Government) Regulations 1989 No 86 (Cwlth) added this Act to the list of ordinances that were converted into ACT enactments on 1 July 1992.
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on its conversion to an ACT enactment on 1 July 1992.
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
The Evidence Act 1995 (Cwlth) applies to all proceedings in ACT courts until a day fixed by proclamation (see s 4).  On the republication date, no day had been fixed by proclamation.
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 28 provides that a provision of an ACT enactment (including the Evidence Act 1971) has no effect to the extent that it is inconsistent with a Commonwealth law in force in the ACT (including the Evidence Act 1995 (Cwlth)), but an ACT provision is taken to be consistent with a Commonwealth law to the extent that it is capable of operating concurrently with the Commonwealth law.
However, the Evidence Act 1995 (Cwlth), s 8 (4) (a) provides that that Act does not affect the operation of the provisions of the Evidence Act 1971 specified in the regulations under the Evidence Act 1995 (Cwlth). The Evidence Regulations (Cwlth) regulation 4, specifies these provisions of the Evidence Act 1971.  The Evidence Regulations (Cwlth) can be found at http://scaleplus.law.gov.au.
	Legislation before becoming Territory enactment
Evidence Act 1971 No 4
notified 25 February 1971
commenced 29 March 1971 (s 3)
as amended by
Public Trustee (Miscellaneous Amendments) Ordinance 1985 No 9 sch 2
notified 8 March 1985
commenced 28 October 1985 (s 2 and Cwlth Gaz 1985 No G42)
Evidence (Amendment) Ordinance 1985 No 19
notified 17 April 1985
commenced 17 April 1985
Evidence (Amendment) Ordinance (No 2) 1985 No 61
notified 28 November 1985
commenced 28 November 1985
Magistrates Court Ordinance 1985 No 67 sch pt 1 
notified 19 December 1985
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Children’s Services (Miscellaneous Amendments) Ordinance 1986 No 14 s 4
notified 4 June 1986
commenced 26 April 1988 (s 2 and Cwlth Gaz 1988 No S116)
Domestic Violence (Miscellaneous Amendments) Ordinance 1986 No 53 s 4
notified 4 September 1986
commenced 1 October 1986 (s 2 and Cwlth Gaz 1986 No S484)
Magistrates Court (Amendment) Ordinance (No 3) 1986 No 74 s 90
notified 14 November 1986
commenced 14 November 1986
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1 
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Evidence (Amendment) Ordinance 1990 No 4
notified 27 June 1990
commenced 27 June 1990
Evidence (Amendment) Ordinance (No 2) 1990 No 10
notified 29 June 1990
commenced 29 June 1990
	Legislation after becoming Territory enactment
Evidence (Amendment) Act 1993 No 2
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993 (s 2)
Evidence (Amendment) Act (No 2) 1993 No 62
notified 6 September 1993 (Gaz 1993 No S172)
commenced 6 September 1993 (s 2)
Electoral (Amendment) (Consequential Provisions) Act 1994 No 15 pt 3
notified 17 May 1994 (Gaz 1994 No S85)
ss 1-3, pt 3 commenced 17 May 1994 (s 2 (1))
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 34 
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 34 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1 
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)
Statute Law Revision (Penalties) Act 1994 No 81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Evidence (Amendment) Act 1994 No 98
notified 15 December 1994 (Gaz 1994 No S280)
commenced 15 December 1994 (s 2)
Coroners (Consequential Provisions) Act 1997 No 58 sch 1 
notified 9 October 1997 (Gaz 1997 No S300)
commenced 9 October 1997 (s 2)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1 
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Evidence (Amendment) Act 1999 No 21
notified 14 April 1999 (Gaz 1999 No S16)
ss 1-3 commenced 14 April 1999 (s 2 (1))
remainder commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)
Children and Young People (Consequential Amendments) Act 1999 No 64 sch 2 
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (s 2 (1))
sch 2 commenced 10 May 2000 (s 2 (2))
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 
(No 3) No 17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)
Legislation (Consequential Provisions) Act 2001 No 15 sch 1
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
sch 1 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation (Consequential Amendments) Act 2001 No 44 pt 134
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 134 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Protection Orders (Consequential Amendments) Act 2001 No 90 sch 1 pt 5
notified LR 27 September 2001
s 1, s 2 commenced 27 September 2001 (LA s 75)
sch 1 pt 5 commenced 27 March 2002 (s 2, see Protection Orders Act 2001 s 3 and LA s 79)
Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.6
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
sch 2 pt 2.6 commenced 30 April 2004 (s 2 and LA s 79)
Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 2 pt 2.4
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 2 pt 2.4 commenced 22 March 2004 (s 2 and CN2004-4)
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.26
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.26 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Justice and Community Safety Legislation Amendment Act 2005 (No 2) A2005-11 pt 3
notified LR 11 March 2005
s 1, s 2 commenced 11 March 2005 (LA s 75 (1))
pt 3 commenced 12 March 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.14
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 14 commenced 22 December 2005 (s 2 (4))
4	Amendment history
Validation
s 2	sub 1993 No 2 s 4
	om 2001 No 44 amdt 1.1577
Commencement
s 3	am 1993 No 62 sch
	om 2001 No 44 amdt 1.1577
Parts
s 4	om ord 1990 No 4 s 3
Certain laws to cease to be in force
s 5	om 2001 No 44 amdt 1.1577
Definitions for Act
s 6	def Act of the Territory ins 1989 No 38 sch 1
	om 1993 No 62 sch
	def Australia am 1993 No 62 sch
	def banker’s book om A2005-60 amdt 1.55
	def diplomatic or consular representative om A2005-11 s 12
	def government department ins 1993 No 62 sch
	am 1994 No 38 sch 1 pt 34
	def public authority ins 1993 No 62 sch
	sub 1994 No 38 sch 1 pt 34
	def reserved law ins 1993 No 62 s 5
	om 2001 No 15 amdt 1.1
	def Territory public servant ins 1989 No 38 sch 1
	om 1993 No 62 sch
	def Territory Public Service ins 1989 No 38 sch 1
	om 1993 No 62 sch
Evidence of laws, instruments and office holders
pt 2 hdg	sub 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Evidence of Acts, subordinate laws and instruments
pt 2 div 1 hdg	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Judicial notice—Acts
s 8	sub 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Judicial notice—enactments
s 9	sub 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Judicial notice—subordinate laws
s 10	am 1989 No 38 sch 1
	sub 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Subordinate laws printed by government printer
s 10A	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Proof of Gazette
s 10B	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Proof of instruments under Acts and subordinate laws
s 10C	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Evidence of reserved laws and instruments
pt 2 div 2 hdg	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Judicial notice—reserved laws
s 10D	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Judicial notice—proclamations
s 10E	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Proof of Commonwealth Gazette
s 10F	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Proof of instruments under reserved laws
s 10G	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Evidence of office holders
pt 2 div 3 hdg	ins 1993 No 62 s 6
	om 2001 No 15 amdt 1.2
Judicial notice—signatures and seals
s 10H	ins 1993 No 62 s 6
	am 1994 No 15 s 10; 1994 No 38 sch 1 pt 34; 1994 No 60 sch 1
	om 2001 No 15 amdt 1.2
Proof of certain documents
s 12	am 1993 No 62 sch
Evidentiary effect of probate and letters of administration
s 14	am 1985 No 9 sch 2; 1993 No 62 sch
Admissibility of machine copies and reproductions of official documents
s 15	am 1989 No 38 sch 1; 1993 No 62 sch; ss renum R5 LA
Proof of attestation of documents
s 16	am 1993 No 62 sch
Documents attested outside ACT
s 17	am 1993 No 62 sch; 1997 No 96 sch 1
	om A2005-11 s 13
Declarations of due attestation made outside ACT
s 18	am 1993 No 62 sch
Capacity of attesting witnesses
s 19	am 1993 No 62 sch
Bankers’ books
pt 5 hdg	om A2005-60 amdt 1.56
Proof of entries in bankers’ books by means of copies
s 21	om A2005-60 amdt 1.56
Proof that entry made in bankers’ book
s 22	am 1993 No 62 sch
	om A2005-60 amdt 1.56
Compellability of bankers
s 23	om A2005-60 amdt 1.56
Inspection of bankers’ books
s 24	am 1993 No 62 sch
	om A2005-60 amdt 1.56
Proof of bank account, amount of credit etc
s 25	am 1993 No 62 sch
	om A2005-60 amdt 1.56
Costs
s 26	am 1993 No 62 sch
	om A2005-60 amdt 1.56
References to Supreme Court
s 27	am 1985 No 67 sch pt 1; 1993 No 62 sch
	om A2005-60 amdt 1.56
Documentary evidence—maker of document called as witness
s 28	am 1993 No 62 sch
Documentary evidence—maker of document unable to be called as witness
s 29	am 1989 No 38 sch 1; 1993 No 62 sch
Documentary evidence of opinions
s 30	am 1993 No 62 sch
Weight of documentary evidence
s 32	am 1993 No 62 sch
Corroborative value of documentary evidence
s 33	am 1989 No 38 sch 1
	sub 1993 No 62 sch
Signatures etc—proof of statements in documents
s 35	am 1993 No 62 sch
Admissibility of documentary evidence—judicial discretion
s 36	am 1993 No 62 sch
Documentary evidence of wages
s 38	am 1993 No 62 sch
Computers
s 39	am 1993 No 62 sch
Information supplied to computers
s 40	am 1993 No 62 sch
Appropriate rules of court
s 41	am 1985 No 67 sch pt 1; 1985 No 74 s 90; 1993 No 62 sch; A2004-60 amdt 1.150
Admissibility of statements produced by computers
s 42	am 1985 No 67 sch pt 1; 1989 No 38 sch 1; 1993 No 62 sch; A2004-60 amdt 1.151
Failure to comply with court rules
s 45	am A2004-60 amdt 1.151
Certificates under s 47, s 49 or s 50
s 51	am 1993 No 62 sch
Examination without subpoena or other court process
s 52	am 1993 No 62 sch
Witness not disqualified by interest or crime
s 53	am 1993 No 62 sch
Parties as witnesses in civil proceedings
s 54	om A2004-2 amdt 2.10
Evidence of non-access
s 55	om A2004-2 amdt 2.10
Evidence about character
s 56	am 1993 No 62 sch
Incriminating questions
s 57	am 1993 No 62 sch
	om A2004-2 amdt 2.10
Disallowance of certain questions
s 58	am 1993 No 62 sch
Party’s discrediting of own witness
s 60	am 1993 No 62 sch
Proof of prior inconsistent statement of witnesses
s 61	am 1993 No 62 sch
Cross-examination about previous statements
s 62	am 1993 No 62 sch
Evidence in writing
s 63	sub 1993 No 2 s 5
Interpreters
s 63A	ins 1993 No 2 s 5
Unsworn evidence of young children
s 64	am 1993 No 2 s 6; 1993 No 62 sch
Dying declarations
s 65	am 1993 No 62 s 3, sch
Competency and compellability of witnesses in criminal proceedings
s 66	am 1985 No 61; 1986 No 14 s 4; 1986 No 53 s 4; 1989 No 38 sch 1; 1993 No 62 sch; 1999 No 64 sch 2
	om 2001 No 90 amdt 1.59
Admission by accused person
s 67	am 1993 No 62 sch; 1997 No 96 sch 1
Admissibility of confessions or admissions
s 68	am 1993 No 62 sch
Abolition of right of accused to make unsworn statement
s 68A	ins 1994 No 98 s 4
Incriminating questions
s 69	am 1993 No 62 sch
Questioning of accused about prior convictions and general reputation
s 70	am 1993 No 62 sch; 1994 No 98 s 5; 1997 No 96 sch 1
Evidence about character of accused
s 71	am 1993 No 62 sch
Depositions of persons dangerously ill
s 72	am 1985 No 19 s 2; 1985 No 67 sch pt 1; 1993 No 62 sch; 1997 No 96 sch 1
Supreme Court trials—evidence of dead or absent persons
s 73	am 1985 No 67 sch pt 1; ord 1990 No 10 s 3; 1993 No 62 sch; 1997 No 96 sch 1
	om 1999 No 66 sch 3 (reloc to Supreme Court Act 1933 as s 58A)
Comment on failure to give evidence
s 74	am 1993 No 62 sch; 1997 No 96 sch 1
	om A2004-2 amdt 2.10
Admissibility of certificates of scientific examination
s 75	am 1985 No 67 sch pt 1; 1993 No 62 sch; 1997 No 58 sch 1
Evidence in sexual offence proceedings
pt 10A hdg	ins 1985 No 61 s 4
	om A2003-48 amdt 2.7
Application of pt 10A
s 76A	ins 1985 No 61 s 4
	am 1985 No 67 sch pt 1; 1993 No 62 sch; 1997 No 58 sch 1
	om A2003-48 amdt 2.7
Definitions for pt 10A
s 76B	ins 1985 No 61 s 4
	def accused person ins 1985 No 61 s 4
	def complaint ins 1985 No 61 s 4
	def Crimes Act ins 1985 No 61 s 4
	om 1993 No 62 sch
	def prescribed sexual offence ins 1985 No 61 s 4
	am 1993 No 62 sch
	def prescribed sexual offence proceeding ins 1985 No 61 s 4
	om A2003-48 amdt 2.7
Evidence of complaint
s 76C	ins 1985 No 61 s 4
	om A2003-48 amdt 2.7
Proceedings in camera
s 76D	ins 1985 No 61 s 4
	om A2003-48 amdt 2.7
Prohibition of publication of identity of complainant
s 76E	ins 1985 No 61 s 4
	am 1994 No 81 sch
	om A2003-48 amdt 2.7
Abolition of rules about corroboration
s 76F	ins 1985 No 61 s 4
	am ord 1990 No 10 s 4; 1993 No 2 s 7; 1993 No 62 sch
	om A2003-48 amdt 2.7
Admissibility of evidence of sexual reputation
s 76G	ins 1985 No 61 s 4
	am 1993 No 62 sch
	om A2003-48 amdt 2.7
Limitation on dock statements
s 76H	ins 1985 No 61 s 4
	am 1993 No 62 sch
	om 1994 No 98 s 6
Proof of convictions
s 77	am 1993 No 62 sch
Evidence identifying facts on which conviction was based
s 79	am 1993 No 62 sch
Operation of other laws
s 80	am 1993 No 62 sch
References in pt 11 to court or conviction
s 81	am 1993 No 62 sch
Publication of evidence
pt 12 hdg	om A2005-60 amdt 1.57
Application of pt 6
s 82 hdg	sub A2005-60 amdt 1.58
s 82	am 1985 No 67 sch pt 1; 1993 No 62 sch; 1997 No 58 sch 1
	reloc to Court Procedures Act 2004, pt 6 as s 53 by 
A2005-60 amdt 1.61
Prohibition of publication of evidence etc
s 83	am 1993 No 62 sch
	reloc to Court Procedures Act 2004, pt 6 as s 54 by 
A2005-60 amdt 1.61
Noncompliance with s 54 order
s 84 hdg	sub A2005-60 amdt 1.59
s 84	am 1985 No 61 s 5; 1993 No 62 sch; 1994 No 81 sch; 
A2005-60 amdt 1.60
	reloc to Court Procedures Act 2004, pt 6 as s 55 by 
A2005-60 amdt 1.61
Questions disallowed under s 58 or s 59
s 85	am 1985 No 61 s 6; 1993 No 62 sch; 1994 No 81 sch
	om A2005-60 amdt 1.62
Use of audiovisual links and audio links
pt 12AA hdg	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Preliminary
pt 12AA div 1 hdg	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Interpretation
s 85AA	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Transitional
s 85AB	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Application of part
s 85AC	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Use of interstate audiovisual links or audio links in proceedings before Territory courts
pt 12AA div 2 hdg	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Application of division
s 85AD	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Territory courts may take evidence and submissions 			from outside the Territory
s 85AE	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Legal practitioners entitled to practise
s 85AF	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Use of interstate audiovisual links or audio links in proceedings in participating States
pt 12AA div 3 hdg	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Application of division
s 85AG	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Recognised courts may take evidence or receive submissions from persons in the Territory
s 85AH	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Powers of recognised courts
s 85AI	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Orders made by recognised court
s 85AJ	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Enforcement of order
s 85AK	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Privileges, protection and immunity of participants in proceedings in courts of participating States
s 85AL	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Recognised court may administer oath in the Territory
s 85AM	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Assistance to recognised court
s 85AN	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Contempt of recognised courts
s 85AO	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Use of audiovisual links or audio links between Territory courts and places in the Territory
pt 12AA div 4 hdg	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Application of this division
s 85AP	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Use of link in proceedings
s 85AQ	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Protection of certain communications and documents in criminal proceedings
pt 12AA div 5 hdg	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Application
s 85AR	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Protection of confidentiality
s 85AS	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Application of Listening Devices Act
s 85AT	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Costs and expenses
pt 12AA div 6 hdg	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Power to order payment of costs
s 85AU	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Regulations
s 85AV	ins 1999 No 21 s 4
	om 2000 No 17 sch 1
Examination of witnesses outside the ACT but within Australia
pt 12A hdg	ins ord 1990 No 4 s 4
	om A2005-60 amdt 1.63
Application of pt 7
s 85A hdg	sub A2005-60 amdt 1.64
s 85A	ins ord 1990 No 4 s 4
	am 1993 No 62 sch
	reloc to Court Procedures Act 2004, pt 7 as s 56 by 
A2005-60 amdt 1.72
Definitions for pt 7
s 85B hdg	sub A2005-60 amdt 1.65
s 85B	ins ord 1990 No 4 s 4
	def examination ins ord 1990 No 4 s 4
	def inferior court ins ord 1990 No 4 s 4
	def judicial authority ins ord 1990 No 4 s 4
	reloc to Court Procedures Act 2004, pt 7 as s 57 by 
A2005-60 amdt 1.72
Supreme Court proceedings
s 85C	ins ord 1990 No 4 s 4
	am 1997 No 96 sch 1
	reloc to Court Procedures Act 2004, pt 7 as s 58 by 
A2005-60 amdt 1.72
Inferior court proceedings
s 85D	ins ord 1990 No 4 s 4
	am A2005-60 amdts 1.66-1.68
	reloc to Court Procedures Act 2004, pt 7 as s 59 by 
A2005-60 amdt 1.72
Other proceedings
s 85E	ins ord 1990 No 4 s 4
	am A2005-60 amdt 1.69, amdt 1.70
	reloc to Court Procedures Act 2004, pt 7 as s 60 by 
A2005-60 amdt 1.72
Variation or revocation of orders
s 85F	ins ord 1990 No 4 s 4
	am A2005-60 amdts 1.69-1.71
	reloc to Court Procedures Act 2004, pt 7 as s 61 by 
A2005-60 amdt 1.72
Exclusion of evidence in criminal proceeding
s 85G	ins ord 1990 No 4 s 4
	reloc to Court Procedures Act 2004, pt 7 as s 62 by 
A2005-60 amdt 1.72
Operation of other laws
s 85H	ins ord 1990 No 4 s 4
	reloc to Court Procedures Act 2004, pt 7 as s 63 by 
A2005-60 amdt 1.72
Rules of court for pt 12A
s 85I	ins ord 1990 No 4 s 4
	am 1993 No 62 sch
	sub 2001 No 44 amdt 1.1578
	om A2005-60 amdt 1.73
Regulation-making power for pt 12A
s 85IA	(prev s 85J) ins 2001 No 44 amdt 1.1578
	renum as s 85IA R5 LA
	om A2005-60 amdt 1.73
Taking of evidence for foreign and Australian courts
pt 12B hdg	ins ord 1990 No 4 s 4
	om A2005-60 amdt 1.74
Definitions for pt 8
s 85J hdg	sub A2005-60 amdt 1.75
s 85J	ins ord 1990 No 4 s 4
	reloc to Court Procedures Act 2004, pt 8 as s 64 by 
A2005-60 amdt 1.80
	def property ins ord 1990 No 4 s 4
	om A2005-60 amdt 1.76
	def request ins ord 1990 No 4 s 4
	am A2005-60 amdt 1.77
	reloc to Court Procedures Act 2004, pt 8 as s 64 by 
A2005-60 amdt 1.80
	def requesting court ins ord 1990 No 4 s 4
	reloc to Court Procedures Act 2004, pt 8 as s 64 by 
A2005-60 amdt 1.80
Power of Supreme Court
s 85K	ins ord 1990 No 4 s 4
	reloc to Court Procedures Act 2004, pt 8 as s 65 by 
A2005-60 amdt 1.80
Privilege of witnesses
s 85L	ins ord 1990 No 4 s 4
	am A2005-60 amdt 1.78
	reloc to Court Procedures Act 2004, pt 8 as s 66 by 
A2005-60 amdt 1.80
Operation of other laws
s 85M	ins ord 1990 No 4 s 4
	reloc to Court Procedures Act 2004, pt 8 as s 67 by 
A2005-60 amdt 1.80
Rules for pt 8
s 85N	ins ord 1990 No 4 s 4
	am 1993 No 62 sch
	sub A2005-60 amdt 1.79
	reloc to Court Procedures Act 2004, pt 8 as s 68 by 
A2005-60 amdt 1.80
Documents 20 years old
s 86	am 1993 No 62 sch
Certified copies of transcript of Supreme Court proceedings
s 91	am 1993 No 62 sch; 1999 No 66 sch 3
	om 1999 No 66 s 6 sch 3 (reloc to Supreme Court Act 1933 as s 74A)
Maps, charts etc
s 92	am 1993 No 62 sch
Evidence when letter delivered in ordinary course of post
s 93	am 1993 No 62 sch
Proof of convictions
s 94	am 1993 No 62 sch
Abolition of certain privileges
s 95	am 1993 No 62 sch
Witnesses failing to attend when required to do so by subpoena or recognisance
s 97	am 1985 No 61 s 7; 1993 No 62 sch; 1994 No 81 sch
	om 1999 No 66 s 6 sch 3 (reloc to Supreme Court Act 1933 as s 70A)
Form of affidavit by police fingerprint expert
sch 1 hdg	sub 1993 No 62 sch
sch 1	am 1993 No 62 sch
	renum R5 LA
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1A	ord 1990 No 10	31 May 1991	
1B	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	
5	A2001-90	15 August 2002	
6	A2004-2	22 March 2004	
7	A2004-2	30 April 2004	
8	A2004-60	10 January 2005	
9	A2005-11	12 March 2005	

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