EVIDENCE ACT 1977 - SCHEDULE 3

EVIDENCE ACT 1977 - SCHEDULE 3

SCHEDULE 3 – Dictionary

"affected child" , for part 2 , division 4A , see section 21AC .


"affidavit" , for part 7 , see section 104 .


"approved form" see section 134B .


"assumed name" , for part 2 , division 5 , see section 21C .


"audio link" , for part 3A , see section 39C .


"audio visual link" means facilities, including closed-circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.


"Australian lawyer" see the Legal Profession Act 2007 , section 5 (1) .


"authorised destruction day" , for part 2 , division 4B , see section 21AZF (1) .


"authorised officer" , for part 2 , division 2B , see section 14ZC .


"before" , for part 3A , see section 39C .


"book of account" , for part 5 , division 6 , see section 83 .


"business" , for part 7 , see section 104 .


"CCC" , for part 2 , division 5 , see section 21C .


"chief executive officer" , for part 2 , division 5 , see section 21C .


"chief executive (surveys)" means the chief executive of the department in which the Surveyors Act 2003 is administered.


"child" , for part 2 , division 4A , see section 21AD .


"civil proceeding arising from the commission of a relevant offence" , for part 2 , division 4A , see section 21AC .


"civil proceedings" , for part 3 , division 3 , see section 35 .


"CMC" ...


"complainant" , for part 6A , see section 103A .


"conduct" , for part 2 , division 5 , see section 21C .


"controlled operation" ...


"convicted" , for part 2 , division 5 , see section 21C .


"conviction" , for part 5 , division 5 , see section 78 .


"copy" , of a document, see section 4 .


"corresponding court" , for part 3 , division 2 , see section 25 .


"corresponding law" , for part 2 , division 5 , see section 21C .


"corresponding witness identity protection certificate" , for part 2 , division 5 , see section 21C .


"corruption" , for part 2 , division 5 , see section 21C .


"counsel" , a person for part 2 , division 2A , see section 14B .


"counsel" , for part 2 , division 4A , see section 21AC .


"counselled person" , for part 2 , division 2A , see section 14B .


"counsellor" , for part 2 , division 2A , see section 14B .


"court" —

(a) for part 5 , division 5 —see section 78 ; or

(b) for part 5 , division 6 —see section 83 ; or

(c) otherwise—means the court, tribunal, judge, justice, arbitrator, body or person before whom or which a proceeding is held or taken.

(a) any part of a document in writing or of any other document as defined herein; and

(b) any book, map, plan, graph or drawing; and

(c) any photograph; and

(d) any label, marking or other writing which identifies or describes anything of which it forms part, or to which it is attached by any means whatever; and

(e) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(f) any film, negative, tape or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(g) any other record of information whatever.

(a) the Disability Services Act 2006 ; or

(b) the Working with Children (Risk Management and Screening) Act 2000 .

(a) who allegedly committed the alleged offence to which the transcript relates; and

(b) about whom an employment-screening decision has been, or is proposed to be, made.

(a) a decision under the Disability Services Act 2006 about—

(i) whether a clearance or exclusion should be issued to a person; or

(ii) whether a clearance or exclusion issued to a person should be cancelled; or

(b) an employment-screening decision under the Working with Children (Risk Management and Screening) Act 2000 ; or

(c) a decision on a review of a decision mentioned in paragraph (a) or (b) ; or

(d) a decision on a review of, or appeal against, a decision mentioned in paragraph (c) .

Example—

Queensland Government Gazette

(a) of a videorecording of evidence given by a special witness or an affected child—means a copy of the videorecording that has been edited or otherwise changed under an approval given under section 21AZ ; or

(b) of a usable soundtrack of a videorecording containing the evidence of a special witness or an affected child—means a copy of the usable soundtrack of the videorecording that has been edited or otherwise changed under an approval given under section 21AZ ; or

(c) of a recorded statement under part 6A —means a copy of the recorded statement that has been edited or otherwise altered in compliance with section 103O .

(a) for part 3 , division 3 —see section 35 ; or

(b) for part 5 , division 3 —see section 67 .

(a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and

(b) results in—

(i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and

(ii) the person needing support.

(a) for a Magistrates Court—the person holding appointment as the principal registrar of Magistrates Courts mentioned in the Magistrates Courts Act 1921 , section 3A (2) ; or

(b) for the District Court—the person appointed as the principal registrar under the District Court of Queensland Act 1967 , section 36 (1) ; or

(c) for the Supreme Court—the person appointed as the principal registrar under the Supreme Court of Queensland Act 1991 , section 69 (1) .

(a) for part 2 , division 4A —see section 21AC ; or

(b) otherwise—means any civil, criminal or other proceeding or inquiry, reference or examination in which by law or by consent of parties evidence is or may be given, and includes an arbitration.

(a) for part 2 , division 2B —see section 14S (1) ; or

(b) for part 2 , division 4A —see section 21AC ; or

(c) for part 2 , division 4C —see section 21AZJ .

(a) means a statement—

(i) made to a person investigating an alleged offence; and

(ii) given in, or in anticipation of, a criminal proceeding about the alleged offence; and

(iii) that is potentially admissible under section 93A ; and

(b) includes a copy of a statement mentioned in paragraph (a) , other than a copy—

(i) to the extent it is a transcript mentioned in section 4 (a) or (c) ; and

(ii) that is part of a record, or a transcript of a record, of a legal proceeding under the Recording of Evidence Act 1962 .

(a) means a transcript of a section 93A criminal statement; and

(b) includes, if the context permits—

(i) a copy of a transcript of a section 93A criminal statement; and

(ii) a summary or copy of a summary of a transcript of a section 93A criminal statement.

(a) by the Crown (in right of the State of Queensland or any other right), or by a statutory body, or by any other person; or

(b) for profit or not; or

(c) in Queensland or elsewhere.