Evidence Regulations 2022
View - Tasmanian Legislation Online
Skip to main content
Tasmanian Legislation
Tasmania's consolidated legislation online
Toggle navigation
www.tas.gov.au
Home (current)
About
Related Links
Help
Search
Browse
In Force Legislation
Legislation As Made
Repealed Legislation
Bills -->
Preferences
Contact
Copyright and Disclaimer
Feedback
Submit
Table Of Contents
Toggle navigation
View whole SR
Authorising Act
Legislative history
Search
Search SR
Find Component
Find Legislation
Atom Feeds
Current Document
Amendments
Authorising Act
-->
A
Results: match 0 of 0 provisions
Previous Hit
Next Hit
Return to search results
0 hits in page:
First
Last
Evidence Regulations 2022
Evidence Regulations 2022
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the
Evidence Act 2001 . 2 May 2022 B. BAKER Governor By Her Excellency's Command, ELISE ARCHER Minister for Justice
1.
Short title
These regulations may be cited as the
Evidence Regulations 2022 .
2.
Commencement
These regulations take effect on the day on which their making is notified in the Gazette .
3.
Interpretation
(1)
In these regulations
Act
means the
Evidence Act 2001 ;
address
includes a private, business and official address;
notifying party , in relation to a notice, means the person giving the notice.
(2)
In these regulations, a reference to a Form is a reference to a form set out in
Schedule 1 .
4.
Exceptions to hearsay rule notices of previous representations
(1)
This regulation is made for the purposes of
section 67
of the Act.
(2)
A notice of previous representation must state
(a) subject to
subregulation (6) , the substance of evidence of a previous representation that the notifying party intends to adduce; and
(b) the substance of all other relevant representations made by the person who made that previous representation, so far as they are known to the notifying party; and
(c) particulars of
(i) the date, time, place and circumstances at or in which each of the representations mentioned in
paragraph (a)
or
(b)
was made; and
(ii) the names of the persons by whom, and the persons to whom, each of those representations was made; and
(iii) in a civil proceeding, the address of each person so named, so far as they are known to the notifying party.
(3)
If a notifying party intends to rely on
(a)
section 63(2)(a)
or
(b)
of the Act; or
(b)
section 65(2)(a) ,
(b) ,
(c)
or
(d)
of the Act; or
(c)
section 65(3)(a)
or
(b)
of the Act; or
(d)
section 65(8)(a)
or
(b)
of the Act the partys notice of previous representation must state particulars of the facts that the party will rely on to establish that a person who made a representation referred to in the notice is not available to testify.
(4)
If a notifying party intends to rely on
section 64(2)(a)
or
(b)
of the Act, the partys notice of previous representation must state particulars of the facts that the party will rely on to establish the grounds specified in
section 64(2)
of the Act.
(5)
If a notice of previous representation refers to a previous representation that is in writing
(a) a copy of the document, or of the relevant portion of the document, containing the representation must be attached to the notice; and
(b) the notice must identify the document unless
(i) a copy of the document is attached to the notice; and
(ii) the identity of the document is apparent on the face of the copy.
(6)
If a copy of a document, or of a portion of a document, is attached to a notice of previous representation, it is a sufficient compliance for the purposes of
subregulation (2)(a)
to specify in the notice, or in the copy of a document or portion of a document attached to the notice, the representation evidence of which the notifying party intends to adduce.
(7)
On the application of a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice given under this regulation by whom, or to whom, a representation referred to in the notice was made.
(8)
The direction may be given on such terms as the court thinks fit.
(9)
In this regulation
notice of previous representation
means a notice given under
section 67(1) .
5.
The tendency rule and the coincidence rule form of notices
(1)
This regulation is made for the purposes of
section 99
of the Act.
(2)
A notice given under
section 97(1)(a)
of the Act (relating to the tendency rule) must state
(a) the substance of the evidence, of the kind referred to in
section 97(1)
of the Act, that the party giving the notice intends to adduce; and
(b) if that evidence consists of, or includes, evidence of the conduct of a person, particulars of
(i) the date, time, place and circumstances at or in which the conduct occurred; and
(ii) the name of each person who saw, heard or otherwise perceived the conduct; and
(iii) in a civil proceeding, the address of each person so named, so far as they are known to the notifying party.
(3)
A notice given under
section 98(1)(a)
of the Act (relating to the coincidence rule) must state
(a) the substance of the evidence of the occurrence of 2 or more related events that the party giving the notice intends to adduce; and
(b) particulars of
(i) the date, time, place and circumstances at or in which each of those events occurred; and
(ii) the name of each person who saw, heard or otherwise perceived each of those events; and
(iii) in a civil proceeding, the address of each person so named, so far as they are known to the notifying party.
(4)
On the application of a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice given under this regulation who saw, heard or otherwise perceived conduct or events referred to in the notice.
(5)
The direction may be given on such terms as the court thinks fit.
6.
Privilege against self-incrimination form of certificate
(1)
A certificate under
section 128
or
128A
of the Act may be in accordance with Form 1.
(2)
A certificate is not liable to be called into question by reason of its non-compliance with Form 1.
7.
Privilege against self-incrimination prescribed State and Territory provisions
(1)
The following provisions of State and Territory laws are declared to be prescribed State and Territory provisions for the purposes of
section 128(12)
of the Act:
(a) section 128 of the Evidence Act 2011 of the Australian Capital Territory;
(b) section 61 of the Coroners Act 2009 of New South Wales;
(c) section 128 of the Evidence Act 1995 of New South Wales;
(d) section 128 of the Evidence Act 2004 of Norfolk Island;
(e) section 128 of the Evidence (National Uniform Legislation) Act 2011 of the Northern Territory;
(f) section 23A of the Coroners Act 2003 of South Australia;
(g) section 57 of the Coroners Act 2008 of Victoria;
(h) section 128 of the Evidence Act 2008 of Victoria;
(i) section 47 of the Coroners Act 1996 of Western Australia;
(j) section 11 of the Evidence Act 1906 of Western Australia.
(2)
The following provisions of State and Territory laws are declared to be prescribed State and Territory provisions for the purposes of
section 128A(11)
of the Act:
(a) section 128A of the Evidence Act 2011 of the Australian Capital Territory;
(b) section 128A of the Evidence Act 1995 of New South Wales;
(c) section 128A of the Evidence (National Uniform Legislation) Act 2011 of the Northern Territory;
(d) section 128A of the Evidence Act 2008 of Victoria.
8.
Fingerprint evidence of identity affidavits by State or Territory police officers
For the purposes of
section 179(1)(a)
of the Act, the prescribed form of affidavit is Form 2.
9.
Fingerprint evidence of identity affidavits by Australian Federal Police officers
For the purposes of
section 180(1)(a)
of the Act, the prescribed form of affidavit is Form 3.
10.
Legislation rescinded
The legislation specified in
Schedule 2
is rescinded.
SCHEDULE 1 - Forms
Regulation 3(2)
Form 1
Regulation 6
Form 2
Regulation 8
Form 3
Regulation 9
SCHEDULE 2 - Legislation rescinded
Regulation 10
Evidence Regulations 2012
(No. 26 of 2012)
Displayed and numbered in accordance with the
Rules Publication Act 1953 . Notified in the Gazette on 11 May 2022 These regulations are administered in the Department of Justice.
from top.html -->
You are directed to information on how your personal information is protected. You are directed to a disclaimer and copyright notice governing the information provided.
©The State of Tasmania (The Department of Premier and Cabinet) 2026 (Ver. 6.0.73 Rev. 1612)