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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.