New South Wales Repealed Regulations

This legislation has been repealed.

EVIDENCE REGULATION 2000 - NOTES

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Evidence Act 1995.
Attorney General

Explanatory note

The object of this Regulation is to repeal and remake, with no changes in substance, the Evidence Regulation 1995 which prescribes various forms of notices and affidavits to be used in proceedings to which the Evidence Act 1995 applies.
This Regulation:

(a) prescribes the form of notice to be given of an intention to adduce evidence of a “first-hand hearsay” representation where the maker of the representation will not be called as a witness (clause 5), and

(b) sets out requirements relating to the content of notices of intention to adduce evidence of a person’s character, reputation or conduct, or of a tendency that the person has or had, so as to prove that a person has or had a tendency to act in a particular way or to have a particular state of mind (clause 6 (2)), and

(c) sets out requirements relating to the content of notices of intention to adduce similar fact evidence to prove a fact by coincidence reasoning (clause 6 (3)), and

(d) sets out the form of certificate that a court may give to a witness so that evidence given by the witness that may be self-incriminatory cannot be used in court against the witness (except in a criminal proceeding in respect of the falsity of the evidence) (clause 7), and

(e) prescribes the forms of affidavits to be given by police fingerprint experts (clauses 8 and 9).

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments