Victorian Consolidated Legislation

Evidence (Miscellaneous Provisions) Act 1958 - SECT 3

Definitions

3. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

authorised deposit-taking institution has the same meaning as in the
Banking Act 1959 of the Commonwealth;



business includes public administration and any business profession occupation
calling trade or undertaking whether engaged in or carried on by the Crown, or
by a statutory authority, or by any other person, whether or not it is engaged
in or carried on for profit; child means a person who is under the age of 18
years;

cognitive impairment includes impairment because of mental illness,
intellectual disability, dementia or brain injury;

court in relation to any legal proceeding, includes a person acting
judicially;

criminal proceedings means any proceedings for or with respect to the
committal for trial of any person for an indictable offence or the trial of
any person for a summary or indictable offence;

document includes, in addition to a document in writing-

   (a)  any book map plan graph or drawing;

   (b)  any photograph;

   (c)  any label marking or other writing which identifies or describes any
        thing of which it forms part, or to which it is attached by any means
        whatsoever;

   (d)  any disc tape sound track or other device in which sounds or other
        data (not being visual images) are embodied so as to be capable (with
        or without the aid of some other equipment) of being reproduced
        therefrom;

   (e)  any film negative tape or other device in which one or more visual
        images are embodied so as to be capable (as aforesaid) of being
        reproduced therefrom; and

   (f)  anything whatsoever on which is marked any words figures letters or
        symbols which are capable of carrying a definite meaning to persons
        conversant with them;

film includes a microfilm and a microfiche;





* * * * *



lawyer means an Australian lawyer within the meaning of the
Legal Profession Act 2004;

legal practitioner means an Australian legal practitioner within the meaning
of the Legal Profession Act 2004;



legal proceeding includes any civil criminal or mixed proceeding and any
inquiry in which evidence is or may be given before any court or person acting
judicially;

person acting judicially includes any court judge arbitrator Associate Judge
and any person or body having by law or by consent of parties authority to
hear receive and examine evidence and any officer in any public department
having in the discharge of his duties authority to examine evidence;

sexual offence means an offence under Subdivision (8A), (8B), (8C), (8D) or
(8E) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding
previous enactment or an attempt to commit any such offence or an assault with
intent to commit any such offence;

statement includes any representation of fact whether made in words or
otherwise.

(2) A reference in this Act to a document includes a reference to-

   (a)  any part of the document; or

   (b)  any copy, reproduction or duplicate of the document or of any part of
        the document; or

   (c)  any part of such a copy, reproduction or duplicate.

__________________

Division 1-Orders and commissions to examine witnesses