Western Australian Consolidated Acts

EVIDENCE ACT 1906

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   3.      Terms used in this Act  
   4.      Application of Act  
   5.      This Act not to derogate from existing powers  
   6.      Witnesses interested or convicted of offence  
   7.      Parties to civil proceedings and spouses and ex-spouses of parties  
   8.      Accused persons in criminal cases  
   9.      Spouses and ex-spouses of accused persons in criminal cases  
   11.     Court may compel answer to incriminating question  
   11A.    Judge may restrict publication of evidence where s. 11 certificate given  
   12.     Witnesses in revenue cases may be compelled to give evidence  
   13.     Certificate under s. 12 may be pleaded in bar to prosecution  
   14.     Customs prosecutions, accused compellable  
   15.     Persons may be examined without a subpoena  
   16.     Witnesses failing to attend trial  
   17.     Procedure on non-appearance of a witness  
   18.     Communications during marriage  
   19.     Evidence of non-access  
   19A.    Terms used in these provisions  
   19B.    Protected communications recorded electronically  
   19C.    Protected communications not to be disclosed in criminal proceedings except with leave of court  
   19D.    Procedure on hearing of application for leave  
   19E.    Application for leave to be dismissed if there is no legitimate forensic purpose for it  
   19F.    Determination of application  
   19G.    Public interest test  
   19H.    Effect of consent  
   19I.    Loss of sexual assault communications privilege: misconduct  
   19J.    Ancillary orders  
   19K.    Inadmissibility of evidence that must not be adduced or given  
   19L.    Application of other laws  
   19M.    Regulations as to disclosure of protected communications  
   20.     How far a party may discredit his own witness  
   21.     Cross-examination as to and proof of prior inconsistent statement  
   22.     Procedure for purposes of s. 21  
   23.     Cross-examination as to and proof of previous conviction  
   24.     Questions tending to criminate  
   25.     Cross-examination as to credit  
   25A.    Cross-examination by accused in person  
   26.     Improper questions  
   27.     Prohibited questions not to be published  
   27A.    Form of evidence  
   27B.    Manner of giving voluminous or complex evidence  
   29.     Intention to defraud, proof of  
   30.     Proof by attesting witness unnecessary in certain cases  
   31.     Comparison of disputed hand-writing  
   31A.    Propensity and relationship evidence  
   32.     Admissions by accused persons in criminal cases  
   32A.    Derogation of privilege in civil proceedings  
   35.     Perjury charge, corroboration not required  
   36.     Perjury charge, proof of trial etc.  
   36A.    Terms used in s. 36A to 36C  
   36B.    Sexual reputation of complainant, evidence of  
   36BA.   Sexual disposition of complainant, evidence of  
   36BC.   Sexual experience of complainant, evidence of  
   36BD.   Lack of complaint, jury warning about  
   36BE.   Expert evidence of child behaviour  
   36C.    Names of complainants not to be published  
   40.     Customs prosecutions, effect of averments in  
   41.     Customs prosecutions, proof of appointment of officers  
   41A.    Stealing and receiving charges, evidence of ownership of property stolen from ships, wharves, etc.  
   42.     Evidence on trial for defamation  
   44.     Stealing charges, proof of receipt of money by accused, proof of general deficiency  
   45.     Seals and stamps for the revenue or post office, proof of  
   46.     Receiving charges, proof of knowledge that goods were stolen  
   46A.    Sunrise and sunset, proof of  
   47.     Conviction, acquittal and identity, proof of  
   49.     Actions for seduction  
   50.     Corroboration warnings not generally required  
   50A.    Transcripts, proof of  
   50B.    DNA evidentiary certificate  
   51.     Prisoner required to give evidence may be brought up on order  
   52.     Expense of bringing up prisoner  
   53.     Commonwealth and States etc., and their Acts to be judicially noticed  
   54.     Seals of the Commonwealth and States to be judicially noticed  
   55.     Official seals to be judicially noticed  
   56.     Certain signatures to be judicially noticed  
   57.     United Kingdom proclamations, regulations etc., proof of  
   58.     Australasian proclamations, regulations etc., proof of  
   59.     Customs Act 1901 (Cwlth) proclamations, regulations etc., proof of  
   60.     Australian States’ proclamations and acts of State, proof of  
   61.     WA proclamations, regulations etc., proof of  
   62.     Documents admissible in the United Kingdom etc. to be admissible in WA  
   63.     Foreign States’ proclamations, acts of State etc., proof of  
   64.     Foreign States’ proclamations etc. admissible even if not sealed  
   65.     Copies of public documents admissible in some cases  
   65A.    Certified photographs from library admissible  
   66.     Parliamentary proceedings in Australasia, proof of  
   67.     Certain documents admissible without proof of signature, seal etc.  
   68.     Register of British vessels etc., proof of  
   69.     Newspaper proprietors, proof of register of  
   69A.    WA registers, proof of  
   70.     Statutes etc. of any country, proof of  
   71.     Certain law reports and texts may be referred to as evidence of laws  
   72.     Authoritative texts on history, science etc., reference to  
   73.     Documents admitted into evidence may be impounded  
   73A.    Reproductions admissible (best evidence rule modified)  
   73B.    Certified reproductions of certain public documents etc., admissible without further proof  
   73N.    Reproductions of documents over 30 years old, presumptions as to  
   73Q.    Reproduced official seals and signatures to be judicially noticed  
   73U.    Reproduction admissible subject to Stamp Act 1921  
   74.     Gazettes of certain places, proof of  
   75.     Government Printers’ publications, proof of  
   76.     Her Majesty’s Stationery Office publications, status of  
   77.     Acts of governors and ministers of States, proof of  
   78.     Local laws, by-laws and regulations, proof of  
   79.     Incorporation of a company, proof of  
   79A.    Document requiring attestation, proof of  
   79B.    Terms used in s. 79B to 79G  
   79C.    Documentary evidence, admissibility of  
   79D.    Evidence admitted under s. 79C, weight and effect of  
   79E.    Qualified person, evidence as to credibility of  
   79F.    Dispute as to happening of event  
   80.     Judgments, orders etc., proof of  
   81.     Documents properly authenticated to be given faith and credit  
   82.     Telegraphic messages, notice to admit may be given in civil proceedings  
   83.     Telegraphic messages, proof of sending of  
   84.     Telegraphic messages, proof of receipt of  
   85.     Official documents, procedure for sending by telegraph  
   86.     Copies so transmitted to be as valid as originals  
   87.     Original document may be inspected  
   88.     Penalty for false certificates  
   89.     Banker’s book entries are evidence of transactions etc.  
   90.     Banker’s books, proof of  
   91.     Banker’s books, copies to be certified  
   92.     Bank accounts, bank officer may give evidence about  
   92A.    Australian and foreign banks, application to of s. 89 to 92  
   93.     Bank officers not compellable in some cases  
   94.     Banker’s books, Supreme Court may order inspection of  
   95.     Costs under s. 93 and  
   96.     Supreme Court Judge’s powers may be exercised by other judicial officers  
   97.     Evidence to be on oath except in some cases  
   100A.   Oath may be dispensed with in some cases  
   102.    Interpreters, oaths etc. for  
   103.    Interpreters, oath etc. may be dispensed with  
   104A.   Person appointed by foreign court etc. may take or receive evidence and administer oath  
   105.    Oaths, Affidavits and Statutory Declarations Act 2005, application of  
   106A.   Terms used in s. 106B to 106T and Schedule 7  
   106B.   Children under 12 may give sworn evidence  
   106C.   Child under 12 and mentally impaired witness may give unsworn evidence  
   106D.   Corroboration warning on evidence of child not to be given  
   106E.   Child witness entitled to support  
   106F.   Child witness may be given assistance  
   106G.   Cross-examination of protected witness by unrepresented accused  
   106H.   Child’s statement to another admissible in Sch. 7 proceedings  
   106HA.  Visual recording of interviews with children  
   106HB.  Admissibility in criminal proceedings of a visual recording of an interview with a child  
   106HC.  Regulations about visual recording of interviews with children  
   106HD.  Admissibility of visually recorded interviews generally  
   106I.   Visual recording of child’s evidence, application for directions  
   106K.   Child’s evidence in full, special hearing to take and record  
   106M.   Recording not to be altered without approval  
   106MA.  Unauthorised possession or dealing in video-taped evidence  
   106MB.  Broadcast of video-taped evidence prohibited  
   106N.   Video links or screening arrangements may be used  
   106O.   Court may order that s. 106N does not apply  
   106P.   Instructions to be given to jury  
   106Q.   Identification of accused by child or special witness  
   106R.   Special witnesses, measures to assist  
   106RA.  Visually recording evidence of witnesses in criminal matters  
   106S.   Special hearings to consider what orders should be made  
   106T.   Use of recordings made under s. 106K or 106N  
   109.    Terms used in s. 109 to  
   110.    Superior courts may make orders for obtaining evidence  
   111.    Supreme Court may make orders for obtaining evidence for inferior courts  
   112.    Exclusion of evidence in criminal proceeding  
   113.    Operation of other laws  
   114.    Regulations and rules of court for s. 109 to 113  
   115.    Terms used in s. 115 to 118C  
   116.    Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court  
   117.    Supreme Court may make orders to assist in obtaining evidence  
   118.    Privilege of witnesses  
   118A.   Rules of court for s. 116 to  
   118B.   Offence  
   118C.   Operation of other laws  
   119.    Service as a witness etc., payments for  
   120.    Terms used in s. 120 to  
   121.    WA court may take evidence or receive a submission by video link or audio link  
   122.    Counsel entitled to practise  
   123.    Recognized court may take evidence or receive a submission from a person in this State  
   124.    Recognized court’s powers  
   125.    Recognized court may make orders  
   126.    Enforcement of an order under section 125  
   127.    Privileges, protection and immunity of participants in proceedings in a recognized court  
   128.    Recognized court may administer an oath in the State  
   129.    Assistance to a recognized court  
   130.    Contempt of a recognized court  
   131.    Regulations for fees and expenses relating to the use of a video link or an audio link  
   132.    Operation of other laws  
           SECOND SCHEDULE
           FOURTH SCHEDULE
           FIFTH SCHEDULE
           SIXTH SCHEDULE
           SCHEDULE 7  
           Compilation table