Evidence Amendment Regulations 2010 (No. )

Evidence Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 17

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Evidence Act 1995.

Dated 25 February 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT McCLELLAND

Attorney-General

Schedule 1 Amendments

(regulation 3)

[1] Paragraph 6 (3) (a)

omit

[2] Subregulation 7 (1)

after

128

insert

or 128A

[3] Paragraphs 7A (a) and (b)

substitute

(a) section 128 of the Evidence Act 2008 (Vic);

(b) section 11 of the Evidence Act 1906 (WA);

[4] Schedule, Form 1

substitute

Form 1 Certificate under section 128 or 128A of the Evidence Act 1995

(regulation 7)

[Set out heading to action or matter]

CERTIFICATE UNDER SECTION 128 OR 128A OF THE
EVIDENCE ACT 1995

This Court certifies under section 128*/128A* of the Evidence Act 1995 of the Commonwealth that evidence in these proceedings by [state name of witness] on [state date or dates], a record of which is attached to this certificate*, is evidence*/information* to which subsection 128 (7)*/128A (8)* of that Act applies.

[A transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the court or its proper officer.]

Dated:

L.S.

(affix seal)

Judge or magistrate of the Court

*Delete if not applicable

Note Subsection 128 (7) of the Evidence Act 1995 provides as follows:

(7) In any proceeding in an Australian court:

(a) evidence given by a person in respect of which a certificate under this section has been given; and

(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence;

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.

Subsection 128A (8) of the Evidence Act 1995 provides as follows:

(8) In any proceeding in an Australian court:

(a) evidence of information disclosed by a relevant person in respect of which a certificate has been given under this section; and

(b) evidence of any information, document or thing obtained as a direct result or indirect consequence of the relevant person having disclosed that information;

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence concerned.