EVIDENCE ACT 2001 - SECT 4 Courts and proceedings to which Act applies
EVIDENCE ACT 2001 - SECT 4
PART 2 - Application of Act Courts and proceedings to which Act applies
(1) This Act applies to all proceedings in a Tasmanian 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.(2) If 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 referred to in subsection (2) if (a) a party to the proceeding applies for 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 the fact is or will be significant in determining a sentence to be imposed in the proceeding.(4) The court must make a direction if it considers it appropriate in the interest of justice.