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Evidence Act 1905

  • - C2004C03822
  • In force - Superseded Version
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Act No. 4 of 1905 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 25 Nov 2009
Start Date 31 Dec 1973
End Date 31 Jul 1974

EVIDENCE ACT 1905
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 28 #DATE 19:12:1973)

EVIDENCE ACT 1905-1973 - TABLE OF PROVISIONS

TABLE


EVIDENCE ACT 1905-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
1A. (Repealed)
2. Definition

PART II-JUDICIAL NOTICE

3. Seal of Commonwealth to be judicially noticed
4. Certain signatures, &c., to be judicially noticed
4A. Certain instruments to be judicially noticed

PART III-PROOF OF CERTAIN INSTRUMENTS

5. Proof of commissions and orders
6. Proof of public books and documents
7. Proof of proceedings in Parliament

PART IV-PROOF OF CERTAIN MATTERS

8. Proof of Gazette
9. Proof of printing by Government Printer
10. Proof of act done by Governor-General or Minister
10A. Proof of statistics

PART V-PROOF OF JUDICIAL PROCEEDINGS

11. Proof of judicial proceedings

PART VI-MISCELLANEOUS

12. Affidavit may be sworn before Justice of the Peace

EVIDENCE ACT 1905-1973 - SECT. 1.
Short title.

SECT

EVIDENCE ACT 1905-1973

An Act relating to the Law of Evidence.
Heading substituted by No. 53, 1964, s. 5.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Evidence Act 1905-1973.*
Section 1A repealed by No. 216, 1973, s. 3.
* * * * * * * *

EVIDENCE ACT 1905-1973 - SECT. 2.
Definition.

SECT

Amended by No. 80. 1950, s. 3; and No. 48, 1956, s. 3.
2. In this Act, unless the contrary intention appears-

''Courts'' includes the High Court, the Commonwealth Court of Conciliation and Arbitration, the Commonwealth Industrial Court, all Courts exercising federal jurisdiction and all Courts of the several States and parts of the Commonwealth, and all Judges and justices and all arbitrators under any law of the Commonwealth or of a State, and all persons authorized by the law of the Commonwealth or of a State or by consent of parties to hear, receive, and examine evidence.

EVIDENCE ACT 1905-1973 - SECT. 3.
Seal of Commonwealth to be judicially noticed.

Heading substituted by No. 53, 1964, s. 5.
PART II-JUDICIAL NOTICE*
Amended by No. 216, 1973, s. 3.
3. All Courts shall take judicial notice of the impression of the Great Seal of Australia without evidence of the seal having been impressed or any other evidence relating thereto.

EVIDENCE ACT 1905-1973 - SECT. 4.
Certain signatures, &c., to be judicially noticed.

SECT

Amended by No. 80, 1950, s. 3; and No. 48, 1956, s. 4.
4. All Courts shall take judicial notice of-

(a) the official signature of any person who holds or has held the office of Governor-General, Minister of State, President of the Senate, Speaker of the House of Representatives, Secretary to the Federal Executive Council, Justice of the High Court, Principal Registrar, Deputy Registrar or District Registrar of the High Court, President or Deputy President of the Commonwealth Court of Conciliation and Arbitration, President, Deputy President or other member of the Commonwealth Conciliation and Arbitration Commission, Industrial Registrar or Deputy Industrial Registrar, or President or Judge or member of any Federal Court, or any office to which the Governor-General, by order published in the Gazette, declares this section to apply; and

(b) the official seal of every such person or Court or of the Commonwealth Conciliation and Arbitration Commission; and

(c) the fact that such person holds or has held such office;
if the signature or seal purports to be attached or appended to any judicial or official document.

EVIDENCE ACT 1905-1973 - SECT. 4A.
Certain instruments to be judicially noticed.

SECT

Inserted by No. 53, 1964, s. 3; amended by No. 216, 1973, s. 3.
4A. Judicial notice shall be taken of all-

(a) proclamations and orders by the Governor-General made, or purporting to be made, under an Act or Imperial Act;

(b) regulations, rules or by-laws made, or purporting to be made, under an Act;

(c) Ordinances of a Territory; and

(d) regulations, rules or by-laws made, or purporting to be made, under a law (whether an Ordinance, Imperial Act or State Act) in force in a Territory.

EVIDENCE ACT 1905-1973 - SECT. 5.
Proof of commissions and orders.

SECT

Heading substituted by No. 53, 1964, s. 5.
PART III-PROOF OF CERTAIN INSTRUMENTS
Substituted by No. 53, 1964, s. 4.
5. Evidence of any commission issued by the Governor-General, or of any order made by or under the authority of a Minister, may be given in all Courts-

(a) by the production of the Gazette purporting to contain it;

(b) by the production of a document purporting to be a copy thereof, and purporting to be printed by the Government Printer or by the authority of the Government of the Commonwealth;

(c) in the case of a commission issued by the Governor-General-by the production of a document purporting to be certified by the Secretary to the Federal Executive Council as a true copy thereof or extract therefrom; or

(d) in the case of an order made by or under the authority of a Minister*-by the production of a document purporting to be certified by a Minister as a true copy thereof or extract therefrom.

EVIDENCE ACT 1905-1973 - SECT. 6.
Proof of public books and documents.

SECT

6. Whenever any book or document of the Commonwealth is of such a public nature as to be admissible in evidence on its mere production from the proper custody, any copy thereof or extract therefrom shall be admissible in evidence in all Courts if-

(a) it is proved to be an examined copy or extract; or

(b) it purports to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted.

EVIDENCE ACT 1905-1973 - SECT. 7.
Proof of proceedings in Parliament.

SECT

7. (1) All documents purporting to be copies of the Votes and Proceedings or Journals or Minutes of either House of the Parliament, or of papers presented to either House of the Parliament, if purporting to be printed by the Government Printer, shall on their mere production be admitted as evidence thereof in all Courts.
Added by No. 28, 1963, s. 2.

(2) A document that purports-

(a) to be a copy of a motion, resolution or proposed law moved in, agreed to by or introduced in a House of the Parliament, or a particular committee of a House of the Parliament, on a date specified in the document; and

(b) to be printed by the Government Printer,
is admissible in all Courts as evidence that a motion, resolution or proposed law in the terms set out in the document was moved in, agreed to by or introduced in that House, or that committee of that House, as the case may be, and that it was moved, agreed to or introduced on the date specified in the document.

EVIDENCE ACT 1905-1973 - SECT. 8.
Proof of Gazette.

SECT

Heading substituted by No. 53, 1964, s. 5.
PART IV-PROOF OF CERTAIN MATTERS
Substituted by No. 80, 1973, s. 3.
8. (1) The mere production of a paper purporting to be the Commonwealth of Australia Gazette shall in all Courts be evidence that the paper is the Commonwealth of Australia Gazette and was published on the day on which it bears date.

(2) The mere production of a paper purporting to be the Australian Government Gazette shall in all Courts be evidence that the paper is the Australian Government Gazette and was published on the day on which it bears date.

EVIDENCE ACT 1905-1973 - SECT. 9.
Proof of printing by Government Printer.

SECT

9. The mere production of a paper purporting to be printed by the Government Printer or by the authority of the Government of the Commonwealth shall in all Courts be evidence that the paper was printed by the Government Printer or by such authority.

EVIDENCE ACT 1905-1973 - SECT. 10.
Proof of act done by Governor-General or Minister.

SECT

10. Where by any law at any time in force the Governor-General or a Minister is authorized or empowered to do any act, production of the Gazette purporting to contain a copy or notification of any such act shall in all Courts be evidence of the act having been duly done.

EVIDENCE ACT 1905-1973 - SECT. 10A.
Proof of statistics.

SECT

Inserted by No. 43, 1934, s. 2.
10A. (1) The mere production of a document purporting to be published by the Statistician and to contain statistics or abstracts thereof compiled and tabulated by the Statistician pursuant to the Census and Statistics Act 1905-1930 shall in all Courts be evidence that those statistics or abstracts were compiled and tabulated by the Statistician pursuant to that Act.

(2) In this section ''the Statistician'' means the Commonwealth Statistician appointed under section four of the Census and Statistics Act 1905-1930, and includes any person to whom the Statistician has, under section five of that Act, delegated the power to compile, tabulate and publish the statistics collected pursuant to that Act.

EVIDENCE ACT 1905-1973 - SECT. 11.
Proof of judicial proceedings.

SECT

Heading substituted by No. 53, 1964, s. 5.
PART V-PROOF OF JUDICIAL PROCEEDINGS
11. Evidence of any judicial proceeding of the High Court or of any Federal Court or of any Justice or Judge thereof, including any affidavit pleading or legal document filed or deposited in any such Court, may be given in all Courts by the production of a document purporting to be a copy thereof, and-

(a) proved to be an examined copy thereof; or

(b) purporting to be sealed with the seal of the Court; or

(c) purporting to be certified as a true copy by a registrar or chief officer of the Court.

EVIDENCE ACT 1905-1973 - SECT. 12.
Affidavit may be sworn before Justice of the Peace.

SECT

Heading substituted by No. 53, 1964, s. 5.
PART VI-MISCELLANEOUS
12. Affidavits for use in the High Court or any Court exercising federal jurisdiction may be sworn before any Justice of the Peace without the issue of any commission for taking affidavits.
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EVIDENCE ACT 1905-1973 - NOTES


NOTES
1. The Evidence Act 1905-1973 comprises the Evidence Act 1905 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Evidence Act 1905 No. 4, 1905 25 Aug 1905 25 Aug 1905
Evidence Act 1934 No. 43, 1934 4 Aug 1934 4 Aug 1934
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Evidence Act 1956 No. 48, 1956 30 June 1956 14 Aug 1956
Evidence Act 1963 No. 28, 1963 30 May 1963 27 June 1963
Evidence Act 1964 No. 53, 1964 30 May 1964 27 June 1964
Evidence Act 1973 No. 80, 1973 19 June 1973 1 July 1973 (see
Gazette 1973, No.
79, p. 1)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-Part II-Provision is also made by the State and Territorial Laws and Records Recognition Act 1901-1973 for judicial notice to be taken of certain official signatures and seals and for the proof of certain official documents and judicial proceedings.
3.-S. 5-Section 8 of the States Grants (Petroleum Products) Act 1965-1973 provides that a scheme under that Act in relation to a State shall be deemed to be an order made by a Minister within the meaning of section 5 of the Evidence Act 1905-1973.