Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 4

4. (1) This Act applies in relation 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).

(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) The provisions of this Act (other than sections 185, 186 and 187) do not
apply in relation 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.

(6) On a day fixed by Proclamation, the provisions of this Act (other than
sections 185, 186 and 187) cease to apply in relation to proceedings in an ACT
court, except so far as the provisions apply to proceedings in all Australian
courts. Note: Subsections (5) and (6) are not included in section 4 of the NSW
Act.