Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 4

  (1)   This Act applies to all proceedings in a federal 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 2:   Federal court is defined in the Dictionary. The definition includes persons or bodies required to apply the laws of evidence.

Note 3:   Some provisions of this Act extend beyond proceedings in federal 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 Australian Capital Territory, the Northern Territory or an external Territory; or

  (e)   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 Federal Circuit and Family Court of Australia (Division   1) from a court of summary jurisdiction of a State or Territory exercising jurisdiction under the Family Law Act 1975 .