Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 4

             (1)  This Act applies to all proceedings in a federal court or an ACT court, including proceedings that:

                     (a)  relate to bail; or

                     (b)  are interlocutory proceedings or proceedings of a similar kind; or

                     (c)  are heard in chambers; or

                     (d)  subject to subsection (2), relate to sentencing.

Note 1:       Section 4 of the NSW Act differs from this section. It applies that Act to proceedings in NSW courts.

Note 2:       ACT court and federal court are defined in the Dictionary. The definitions include persons or bodies required to apply the laws of evidence.

Note 3:       Some provisions of this Act extend beyond proceedings in federal courts or ACT courts. These provisions deal with:

*          extension of specified provisions to cover proceedings in all Australian courts (section 5);

*          faith and credit to be given to documents properly authenticated (section 185);

*          swearing of affidavits for use in Australian courts exercising federal jurisdiction or similar jurisdiction (section 186);

*          abolition of the privilege against self-incrimination for bodies corporate (section 187).

Note 4:       See section 79 of the Judiciary Act 1903 for the application of this Act to proceedings in a State court exercising federal jurisdiction.

             (2)  If such a proceeding relates to sentencing:

                     (a)  this Act applies only if the court directs that the law of evidence applies in the proceeding; and

                     (b)  if the court specifies in the direction that the law of evidence applies only in relation to specified matters--the direction has effect accordingly.

             (3)  The court must make a direction if:

                     (a)  a party to the proceeding applies for such a direction in relation to the proof of a fact; and

                     (b)  in the court's opinion, the proceeding involves proof of that fact, and that fact is or will be significant in determining a sentence to be imposed in the proceeding.

             (4)  The court must make a direction if the court considers it appropriate to make such a direction in the interests of justice.

             (5)  Subject to subsection (5A), the provisions of this Act (other than sections 185, 186 and 187) do not apply to:

                     (a)  an appeal from a court of a State, including an appeal from a court of a State exercising federal jurisdiction; or

                     (b)  an appeal from a court of the Northern Territory or an external Territory; or

                     (c)  on or after the day fixed by Proclamation under subsection (6)--an appeal from an ACT court; or

                     (d)  until the day fixed by Proclamation under subsection (6)--a review of a decision or order of a magistrate (other than a review of a decision or order of a magistrate of the Australian Capital Territory) and any appeal from such a review; or

                     (e)  on or after that day--a review of a decision or order of a magistrate and any appeal from such a review;

except so far as the provisions apply to proceedings in all Australian courts.

          (5A)  Despite subsection (5), this Act applies to an appeal to the Family Court of Australia from a court of summary jurisdiction of a State or Territory exercising jurisdiction under the Family Law Act 1975 .

             (6)  On a day fixed by Proclamation, the provisions of this Act (other than sections 185, 186 and 187) cease to apply to proceedings in an ACT court, except so far as the provisions apply to proceedings in all Australian courts.

Note:          Subsections (5), (5A) and (6) are not included in section 4 of the NSW Act.