Queensland Consolidated Acts

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Evidence Act 1977


TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Act binds Crown
   2A.     Notes in text
   3.      Definitions
   4.      Meaning of copy of document etc.
   5.      Meaning of document purporting to be of certain character etc.

           Part 2--Witnesses

           Division 1--Who may testify

   6.      Witnesses interested or convicted of offence
   7.      Parties, their wives and husbands as witnesses
   8.      Witnesses in a criminal proceeding

           Division 1A--Competency of witnesses and capacity to be sworn

   9.      Presumption as to competency
   9A.     Competency to give evidence
   9B.     Competency to give sworn evidence
   9C.     Expert evidence about witness's ability to give evidence
   9D.     Evidence admitted under s 9A

           Division 1B--Special provisions for child witnesses

   9E.     Principles for dealing with a child witness

           Division 2--Privileges and obligations of witnesses

   10.     Privilege against self-incrimination
   12.     Admissibility of evidence as to access by husband or wife
   13.     Compellability of parties and witnesses as to evidence of adultery
   14.     Abolition of certain privileges

           Division 3--Examination and cross-examination of witnesses

   15.     Questioning a person charged in a criminal proceeding
   15A.    Questioning of witness as to certain convictions
   16.     Witness may be questioned as to previous conviction
   17.     How far a party may discredit the party's own witness
   18.     Proof of previous inconsistent statement of witness
   19.     Witness may be cross-examined as to written statement without being shown it
   20.     Cross-examination as to credit
   21.     Improper questions

           Division 4--Evidence of special witnesses

   21A.    Evidence of special witnesses
   21AAA.  Exclusion of particular persons while videorecording or usable soundtrack being presented

           Division 4A--Evidence of affected children
           Subdivision 1--Preliminary

   21AA.   Purposes of div 4A
   21AB.   How purposes are to be achieved
   21AC.   Definitions for div 4A
   21AD.   Meaning of child
           Subdivision 2--Committal proceeding
   21AE.   Application of sdiv 2
   21AF.   Evidence-in-chief
   21AG.   Cross-examination
   21AH.   Limitation on cross-examination
           Subdivision 3--Prerecording of affected child's evidence
   21AI.   Application of sdiv 3
   21AJ.   Presentation of indictment
   21AK.   Videorecording of affected child's evidence
   21AL.   Court to give directions for taking an affected child's evidence
   21AM.   Use of prerecorded evidence
   21AN.   Giving of further evidence
   21AO.   Court order that evidence not to be taken and recorded under this sdiv
           Subdivision 4--Taking of affected child's evidence using audio visual link or screen
   21AP.   Application of sdiv 4
   21AQ.   Audio visual links or screening arrangements must be used
   21AR.   Court may order that s 21AQ does not apply
           Subdivision 5--General
   21AS.   Prosecutor or applicant to advise that an affected child is to give evidence
   21AT.   Identification of persons or things by affected child
   21AU.   Exclusion of public
   21AV.   Affected child entitled to support
   21AW.   Instructions to be given to jury
   21AX.   Orders, directions and rulings concerning affected child witnesses

           Division 4AA--Use of soundtracks from particular videorecordings

   21AXA.  Definition for division
   21AXB.  Meaning of usable soundtrack
   21AXC.  Court may make order for presentation of usable soundtrack
   21AXD.  Use of usable soundtrack

           Division 4B--Dealings with, and destruction of, recordings
           Subdivision 1--Preliminary

   21AY.   Definitions for div 4B
           Subdivision 2--Dealings with recordings
   21AZ.   Approval to edit or otherwise change a recording
   21AZA.  Court to give directions about the use or safekeeping of a recording
   21AZB.  Unauthorised possession of, or dealing with, recording
   21AZC.  Publishing a recording prohibited
           Subdivision 3--Destruction of recordings
   21AZD.  Relationship with other Acts
   21AZE.  Making of practice directions authorising destruction
   21AZF.  Court may make order about destruction
   21AZG.  Destruction of particular digital recordings
   21AZH.  Delegation by principal registrar

           Division 5--Witness identity protection
           Subdivision 1--Preliminary

   21B.    Purposes of div 5
   21C.    Definitions for div 5
   21D.    Application of div 5 to lawyer of party to a proceeding
           Subdivision 2--Witness identity protection certificates for operatives
   21E.    Application of sdiv 2
   21F.    Giving witness identity protection certificate
   21G.    Form of witness identity protection certificate
   21H.    Filing and notification
   21I.    Effect of witness identity protection certificate
   21J.    Orders to protect operative's identity etc.
   21K.    Disclosure of operative's identity etc. despite certificate
   21KA.   Directions to jury
   21KB.   Witness identity protection certificate—cancellation
   21KC.   Permission to give information disclosing operative's identity etc.
   21KD.   Disclosure offences
   21KE.   Review of giving of witness identity protection certificate by police service
   21KF.   Giving information about witness identity protection certificates
   21KG.   Report about witness identity protection certificates
   21KH.   Recognition of witness identity protection certificates under corresponding laws
           Subdivision 3--General
   21KI.   Delegation

           Division 6--Cross-examination of protected witnesses

   21L.    Application of division 6
   21M.    Meaning of protected witness
   21N.    No cross-examination of protected witness by person charged
   21O.    Procedure for cross-examination of protected witness if person charged has no legal representative
   21P.    Legal assistance for cross-examination of protected witness
   21Q.    Satisfaction of Criminal Code, section 616
   21R.    Jury direction
   21S.    Orders, directions and rulings concerning protected witnesses

           Part 3--Means of obtaining evidence

           Division 1--Commissions, requests and orders to examine witnesses

   22.     Commission, request or order to examine witnesses
   23.     Commission or order in criminal cases
   24.     Power of person appointed by foreign authority to take evidence and administer oaths

           Division 2--Summary procedure to obtain evidence for Queensland or other jurisdictions

   25.     Definitions for div 2
   26.     Power of Queensland court to request corresponding court in a prescribed country to take evidence for use in Queensland court
   27.     Power to take evidence on request from corresponding court of a prescribed country
   28.     Summons of witnesses
   29.     Examination
   30.     Objections
   31.     Depositions to be signed
   32.     Power of Queensland court to transmit requests to other places
   33.     Saving as to personal attendance

           Division 3--General procedure to obtain evidence for other jurisdictions

   35.     Definitions for div 3
   35A.    Application of division to Crown
   36.     Application to Supreme Court to obtain evidence for civil proceedings in another jurisdiction
   37.     Power of Supreme Court to give effect to application to obtain evidence
   38.     Privilege of witnesses
   39.     Judicial proceedings for the purposes of the Criminal Code

           Part 3A--Audio visual links and audio links

           Division 1--Preliminary

   39A.    Purposes of pt 3A
   39B.    Application of pt 3A
   39C.    Definitions for pt 3A

           Division 2--Use of interstate audio visual links or audio links in proceedings before Queensland courts

   39D.    Application of div 2
   39E.    State courts may take evidence and submissions from outside State
   39F.    Legal practitioners entitled to practise

           Division 3--Use of interstate audio visual links or audio links in proceedings in participating States

   39G.    Application of div 3
   39H.    Recognised courts may take evidence or receive submissions from persons in Queensland
   39I.    Powers of recognised courts
   39J.    Orders made by recognised court
   39K.    Enforcement of order
   39L.    Privileges, protection and immunity of participants in proceedings before recognised court
   39M.    Recognised court may administer oath in the State
   39N.    Assistance to recognised court
   39O.    Contempt of recognised court
   39P.    Double jeopardy

           Division 3A--Use of audio visual links or audio links for expert witnesses

   39PA.   Application of div 3A
   39PB.   Expert witnesses to give evidence by audio visual link or audio link
   39PC.   Direction to jury if expert witness gives evidence by audio visual link or audio link

           Division 4--General provisions about the use of audio visual links or audio links

   39Q.    Application of div 4
   39R.    Queensland courts may take evidence and submissions from external location
   39S.    Failure of the link
   39T.    Expenses
   39U.    External location to be considered part of Queensland court location
   39V.    Witness outside Queensland—when compellable
   39W.    Administration of oaths and affirmations
   39X.    Testimony from outside Australia other than on oath
   39Y.    Putting documents to a person at an external location
   39Z.    Extension of rule-making power

           Part 4--Judicial notice of seals, signatures and legislative enactments

   41.     Public Seal of the State
   42.     Signatures of holders of public offices etc. to be judicially noticed
   42A.    Certain seals to be judicially noticed etc.
   43.     Acts and statutory instruments to be judicially noticed
   43A.    Administrative arrangements to be judicially noticed

           Part 5--Proof of documents and other matters

           Division 1--Proof of official and judicial documents and matters

   44.     Proof by purported certificate, document etc.
   45.     Proof of gazette
   46.     Proof regarding government printer, parliamentary counsel and Legislative Assembly
   46A.    Presumption of accuracy of official copy of Queensland legislation
   46B.    Court or tribunal may inform itself about Act or statutory instrument
   47.     Proof of Legislative Assembly's proceedings or legislative material
   48.     Proof of particular instruments
   49.     Proof of standard rules, codes and specifications
   50.     Proof of act done by Governor or Minister
   51.     Proof of public documents
   52.     Proof of registers of British vessels etc.
   53.     Proof of judicial proceedings
   54.     Proof of identity of a person convicted
   55.     Proof of incorporation or registration of company in Queensland
   55A.    Proof of disaster situation under Disaster Management Act 2003
   56.     Proof of unallocated State land grants
   57.     Proof of lease or licence
   58.     Proof of letters patent
   58A.    Proof of document under Royal Sign Manual

           Division 2--Proof of certain miscellaneous documents and matters

   59.     Comparison of disputed writing
   60.     Proof of instrument to validity of which attestation is not necessary
   61.     Proof of instrument to validity of which attestation is necessary
   62.     Presumption as to documents 20 years old
   63.     Wills, deeds etc. may be verified by declaration
   64.     Evidentiary effect of probate etc.
   65.     Maps, charts etc.
   66.     Astronomical phenomena

           Division 3--Proof of certain Australian and overseas documents and matters

   67.     Definitions for div 3
   68.     Proof of certain Australian and overseas written laws etc.
   69.     Proof of judicial proceedings of an overseas country
   70.     Proof of certain documents admissible elsewhere in Australia
   71.     Royal proclamations, orders of the Privy Council etc.
   72.     Proof of certain Australian and overseas public documents
   73.     Proof of incorporation or registration of certain Australian and overseas companies
   74.     Proof of birth, adoption, death or marriage

           Division 4--Proof of telegraphic messages

   75.     Notice of intention to adduce telegraphic message in evidence
   76.     Proof of message
   77.     Proof of sending a message

           Division 5--Admissibility of convictions in civil proceedings

   78.     Definitions for div 5
   79.     Convictions as evidence in civil proceedings
   80.     Convictions as evidence in actions for defamation
   81.     Evidence identifying the particulars of a conviction
   82.     Operation of other laws not affected

           Division 6--Books of account

   83.     Definitions for div 6
   84.     Entries in book of account to be evidence
   85.     Proof that book is a book of account
   86.     Verification of copy
   87.     Matters which may be proved under this division ordinarily to be so proved
   88.     Court may order books of account or copies to be made available
   89.     Proof that a person has no account
   90.     Costs
   91.     Application of ss 84–86 and 89

           Part 6--Admissibility of statements and representations

   92.     Admissibility of documentary evidence as to facts in issue
   93.     Admissibility of documentary evidence as to facts in issue in criminal proceedings
   93A.    Statement made before proceeding by child or person with an impairment of the mind
   93AA.   Unauthorised possession of, or dealing in, s 93A criminal statements
   93B.    Admissibility of representation in prescribed criminal proceedings if person who made it is unavailable
   93C.    Warning and information for jury about hearsay evidence
   94.     Admissibility of evidence concerning credibility of persons responsible for statement
   95.     Admissibility of statements in documents or things produced by processes or devices
   95A.    DNA evidentiary certificate
   96.     Inferences concerning admissibility
   97.     Authentication
   98.     Rejection of evidence
   99.     Withholding statement from jury room
   100.    Corroboration
   101.    Witness's previous statement, if proved, to be evidence of facts stated
   102.    Weight to be attached to evidence
   103.    Provisions of part are alternative

           Part 7--Reproductions of documents

           Division 1--Preliminary

   104.    Definitions for part

           Division 2--Reproduction of official documents

   105.    Certified reproductions of certain official documents etc. to be admissible without further proof

           Division 3--Reproduction of business documents

   106.    Admissibility of reproductions of business documents destroyed, lost or unavailable
   107.    Use of photographing machines
   108.    Affidavit of maker of print from transparency to be evidence
   109.    Proof where document processed by independent processor
   110.    Reproduction not to be admitted as evidence unless transparency in existence
   111.    Transparency etc. may be preserved in lieu of document
   112.    Proof of destruction of documents etc.
   113.    One affidavit sufficient in certain circumstances
   114.    Certification required when affidavit etc. not contained in length or series of film
   115.    Discovery, inspection and production where document destroyed or lost

           Division 4--General

   116.    Copies to be evidence
   117.    Further reproduction may be ordered by court
   118.    Colours and tones of reproductions
   119.    Notice to produce not required
   120.    Proof of comparisons not required
   121.    Presumptions as to ancient documents
   122.    Reproductions made in other States
   123.    Judicial notice
   124.    A court may reject reproduction
   125.    Weight of evidence
   126.    Provisions of part are alternative
   128.    Regulation may exclude application of provisions
   129.    Public Records Act 2002 not affected

           Part 8--Miscellaneous

   129A.   Order that evidence may be given in a different way
   129B.   Person may be examined without subpoena or other process
   130.    Rejection of evidence in criminal proceedings
   131.    Witnesses for defence to be sworn
   131A.   Court may order interpreter to be provided
   132.    Actions for breach of promise of marriage
   132A.   Admissibility of similar fact evidence
   132B.   Evidence of domestic violence
   132C.   Fact finding on sentencing
   133.    Impounding documents
   133A.   DNA analysts
   134.    Power to appoint a government printer
   134A.   Production of documents by agencies in relation to civil proceedings
   134B.   Approval of forms
   135.    Regulation-making power

           Part 9--Transitional and declaratory provisions

           Division 1--Evidence Amendment Act 2000

   136.    Transitional—Evidence Amendment Act 2000

           Division 1A--Justice and Other Legislation Amendment Act 2003

   136A.   Declaratory provision for Justice and Other Legislation Amendment Act 2003

           Division 2--Evidence (Protection of Children) Amendment Act 2003

   137.    Definitions for div 2
   138.    Communications between a husband and wife
   139.    Evidence admitted under repealed s 9
   140.    Committal proceeding
   141.    Prerecording of evidence for a summary trial
   142.    Prerecording of evidence for a trial on indictment

           Division 3--Cross-Border Law Enforcement Legislation Amendment Act 2005

   143.    Witness anonymity certificates

           Division 4--Justice and Other Legislation Amendment Act 2005

   144.    Statement made before proceeding by child or person with an impairment of the mind
   145.    Definition chief executive (surveys)

           Division 5--Criminal Code and Other Acts Amendment Act 2008

   146.    References to particular Criminal Code offences

           Division 6--Health and Other Legislation Amendment Act 2016

   147.    Prescribed special offence taken to include references to Criminal Code, ss 208 and 209

           Division 7--Serious and Organised Crime Legislation Amendment Act 2016

   148.    Special witnesses

           Division 8--Criminal Law Amendment Act 2017

   149.    Definition for division
   150.    Admissibility of particular copies of videorecordings made before commencement
   151.    Destruction of recordings made before commencement
   152.    Application of DNA evidentiary certificate provision to proceedings started before commencement
           SCHEDULE 1--EXAMPLES OF OFFICES OF A PUBLIC NATURE ESTABLISHED UNDER AN ACT
           SCHEDULE 3--DICTIONARY


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