EVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012

NORTHERN TERRITORY OF AUSTRALIA EVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012 As in force at 14 November 2023 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Exceptions to hearsay rule – notice of intention to adduce evidence of previous representations .............................................. 1 5 Address of person named in notice under regulation 4 – criminal proceedings ........................................................................ 3 6 Tendency rule and coincidence rule – form of notices..................... 3 7 Address of person named in notice under regulation 6 – criminal proceedings ........................................................................ 4 7A Judicial entity ................................................................................... 4 8 Forms .............................................................................................. 4 Schedule Forms ENDNOTES -- 1 of 13 -- -- 2 of 13 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 14 November 2023 ____________________ EVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012 Regulations under the Evidence (National Uniform Legislation) Act 2011 1 Citation These Regulations may be cited as the Evidence (National Uniform Legislation) Regulations 2012. 2 Commencement These Regulations commence on the commencement of section 197 of the Evidence (National Uniform Legislation) Act 2011. 3 Definitions In these Regulations: address includes a private, business or official address. notifying party, in relation to a notice, means the person giving the notice. 4 Exceptions to hearsay rule – notice of intention to adduce evidence of previous representations (1) For the purposes of section 67(1) of the Act, a notice given under that section (a notice of previous representation) must state: (a) 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 and place at, and the circumstances in which, each of the representations mentioned in paragraph (a) or (b) was made; and -- 3 of 13 -- Evidence (National Uniform Legislation) Regulations 2012 2 (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 named under subparagraph (ii), so far as it is known to the notifying party. (2) 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 party's notice of previous representation must state particulars of the facts on the basis of which it is alleged that the person who made a representation referred to in the notice is not available to testify concerning the fact to be proved by adducing evidence of that representation. (3) If a notifying party intends to rely on section 64(2)(a) or (b) of the Act, the party's 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. (4) 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 the identity of the document is apparent on the face of the copy attached to the notice. (5) 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 (1)(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. -- 4 of 13 -- Evidence (National Uniform Legislation) Regulations 2012 3 5 Address of person named in notice under regulation 4 – criminal proceedings (1) 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 regulation 4 by whom, or to whom, a representation referred to in the notice was made if the court is satisfied that: (a) the address is relevant to the offence charged; and (b) one of the following applies: (i) disclosure is not likely to present a reasonably ascertainable risk to the welfare or physical safety of any person; (ii) the interests of justice outweigh any risk referred to in subparagraph (i). (2) A direction given under subregulation (1) may be given on such terms as the court thinks fit. 6 Tendency rule and coincidence rule – form of notices (1) For the purposes of section 99 of the Act, a notice given under section 97(1)(a) of the Act (relating to the tendency rule) must state: (a) the substance of the evidence that the notifying party 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 and place at, and the circumstances 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 named under subparagraph (ii), so far as it is known to the notifying party. (2) For the purposes of section 99 of the Act, a notice given under section 98(1)(a) (relating to the coincidence rule) must state: (a) the substance of the evidence of the occurrence of two or more events that the notifying party intends to adduce; and -- 5 of 13 -- Evidence (National Uniform Legislation) Regulations 2012 4 (b) particulars of: (i) the date, time and place at, and the circumstances 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 named under subparagraph (ii), so far as it is known to the notifying party. 7 Address of person named in notice under regulation 6 – criminal proceedings (1) 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 regulation 6 who saw, heard or otherwise perceived conduct or events referred to in the notice if the court is satisfied that: (a) the address is relevant to the offence charged; and (b) one of the following applies: (i) disclosure is not likely to present a reasonably ascertainable risk to the welfare or physical safety of any person; or (ii) the interests of justice outweigh any risk referred to in subparagraph (i). (2) A direction given under subregulation (1) may be given on such terms as the court thinks fit. 7A Judicial entity For the purposes of the Dictionary to the Act, definition judicial entity, paragraph (b), the ICAC is prescribed. 8 Forms The forms in the Schedule are prescribed for the purposes of the provisions of the Act specified in the forms. -- 6 of 13 -- Schedule Forms Evidence (National Uniform Legislation) Regulations 2012 5 Schedule Forms regulation 8 FORM 1 [ heading as in originating process ] CERTIFICATE UNDER SECTION 128 1/128A 1 OF EVIDENCE (NATIONAL UNIFORM LEGISLATION) ACT 2011 This Court certifies under section 128 1/128A 1 of the Evidence (National Uniform Legislation) Act 2011 that evidence in these proceedings by [ name of witness ] on [ date or dates], a record of which is attached to this certificate, is evidence 1/information 1 to which section 128(7)1/128A(8)1 of that Act applies. Date: _________________ ___________________________ Signature of Judge Note 1Section 128(7) of the Evidence (National Uniform Legislation) Act 2011 reads as follows: (7) In any proceeding in a Territory court or before any person or body authorised by a law of the Territory, or by consent of parties, to hear, receive and examine evidence: (a) evidence given by a person in respect of which a certificate under this section has been given; and (b) any information, document or thing obtained as a direct or indirect consequence of the person having given evidence; cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence. 1Section 128A(8) of the Evidence (National Uniform Legislation) Act 2011 reads as follows: (8) In any proceeding in a Territory court: (a) evidence of information disclosed by a relevant person in respect of which a certificate has been given under this section; and (b) evidence of any information, document or thing obtained as a direct result or indirect consequence of the relevant person having disclosed that information; cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence concerned. Notes for completing form 1 Delete as appropriate. 2 A transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the court or its proper officer. -- 7 of 13 -- Schedule Forms Evidence (National Uniform Legislation) Regulations 2012 6 FORM 2 [ heading as in originating process ] AFFIDAVIT OF MEMBER OF STATE OR TERRITORY POLICE FORCE CONCERNING FINGERPRINTS UNDER SECTION 179 OF EVIDENCE (NATIONAL UNIFORM LEGISLATION) ACT 2011 I, [ name ] of [ address ], a member of the police force of [ State or Territory ] make oath and say1/do solemnly and sincerely affirm 2: 1. I am a fingerprint expert for the police force of [ State or Territory ]. 2. I have examined the fingerprint card marked for identification with the letter "A". 3. I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the police force of [ State or Territory ] showing the fingerprints of [ name of person and any alias ]. 4. The fingerprints on those cards are identical. 5. According to the records of the police force of [ State or Territory ], which I believe to be accurate, [ name of person ] was convicted in that [ State or Territory ] of the following offence(s) – [ state offence(s) ]. 6. Annexed to this affidavit and marked with the letters [ insert an alphabetical sequence of letters, commencing at "B", corresponding to the number of annexures ], are certified copies or certificates of conviction for each of those convictions. 7. From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in it is identical with the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit. Made 1/Sworn 2/affirmed 2 at [ place ] ______on [ date ] ____________ By [ signature of deponent ] _________________________________ Witnessed by Signature ______________________________________ Justice of the peace 3/commissioner for oaths3 Name ______________________________________ Address or phone no. _________________________________ Notes for completing form 1 This phrase must be used if the affidavit is made in the Northern Territory and may be used if the affidavit is sworn outside of the Northern Territory. 2 This phrase must not be used if the affidavit is made in the Northern Territory. -- 8 of 13 -- Schedule Forms Evidence (National Uniform Legislation) Regulations 2012 7 3 Delete as appropriate for affidavits made in the Northern Territory or insert the title of the proper officer if the affidavit is made outside the Northern Territory. 4 An affidavit made in the Northern Territory must comply with the Oaths, Affidavits and Statutory Declarations Act 2010. -- 9 of 13 -- Schedule Forms Evidence (National Uniform Legislation) Regulations 2012 8 FORM 3 [ heading as in originating process ] AFFIDAVIT OF MEMBER OF AUSTRALIAN FEDERAL POLICE CONCERNING FINGERPRINTS UNDER SECTION 180 OF EVIDENCE (NATIONAL UNIFORM LEGISLATION) ACT 2011 I, [ name of deponent ] of [ address of deponent ], a member1/special member1/staff member1 of the Australian Federal Police, make oath and say2/do solemnly and sincerely affirm 3: 1. I am a fingerprint expert for the Australian Federal Police. 2. I have examined the fingerprint card marked for identification with the letter "A". 3. I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the Australian Federal Police showing the fingerprints of [ name of person and alias, if any ]. 4. The fingerprints on those cards are identical. 5. According to the records of the Australian Federal Police, which I believe to be accurate, [ name of person ] was convicted of the following offence(s) against a law of the Commonwealth: [ state offence(s) ]. 6. Annexed to this affidavit and marked with the letters [ insert an alphabetical sequence of letters, commencing at "B", corresponding to the number of annexures ], are certified copies or certificates of conviction for each of those convictions. 7. From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in it is identical with the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit. Made 2/Sworn 3/affirmed 3 at [ place ] ______on [ date ] ____________ By [ signature of deponent ] _________________________________ Witnessed by Signature ______________________________________ Justice of the peace 4/commissioner for oaths4 Name ______________________________________ Address or phone no. _________________________________ Notes for completing form 1 Delete as appropriate. -- 10 of 13 -- Schedule Forms Evidence (National Uniform Legislation) Regulations 2012 9 2 This phrase must be used if the affidavit is made in the Northern Territory and may be used if the affidavit is sworn outside of the Northern Territory. 3 This phrase must not be used if the affidavit is made in the Northern Territory. 4 Delete as appropriate for affidavits made in the Northern Territory or insert the title of the proper officer if the affidavit is made outside the Northern Territory. 5 An affidavit made in the Northern Territory must comply with the Oaths, Affidavits and Statutory Declarations Act 2010. -- 11 of 13 -- Schedule Forms Evidence (National Uniform Legislation) Regulations 2012 10 FORM 4 CERTIFICATE OF CONVICTIONS, ACQUITTALS AND OTHER JUDICIAL PROCEEDINGS UNDER SECTION 178 OF EVIDENCE (NATIONAL UNIFORM LEGISLATION) ACT 2011 I, [ name ], being a [ title of office 1 ] of the [ applicable court 2 ] certify that, according to the records of the Court, 3 on [ date ] at [ venue of Court ] [ name of person ] was convicted/acquitted/sentenced 4 of [ particulars of conviction/ acquittal/sentence] . 3 on [ date ] [ name of person ] is/was4 a party to the following proceeding before the Court – [ particulars of proceeding, including names of parties and nature of proceeding ]. 3 on [ date ] at [ venue of Court ] in [ proceedings5 ] between [ name of parties ] the following order was made by the Court – [ terms of order ]. Date: _________________ ___________________________ Signature of [ title of office 1 ] Notes for completing form 1 Insert "Judge", "Registrar" or title of other proper officer. 2 Insert name of applicable court and jurisdiction (if outside the Northern Territory). 3 Delete paragraphs as appropriate. 4 Delete as appropriate. 5 Set out the nature of the proceedings. -- 12 of 13 -- ENDNOTES Evidence (National Uniform Legislation) Regulations 2012 11 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Evidence (National Uniform Legislation) Regulations (SL No. 46, 2012) Notified 14 December 2012 Commenced 1 January 2013 (r 2, s 2 Evidence (National Uniform Legislation) Act 2011 (Act No. 33, 2012) and Gaz G51, 19 December 2012, p 4) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Independent Commissioner Against Corruption Amendment Act 2023 (Act No. 29, 2023) Assent date 13 November 2023 Commenced s 45: 2 January 2024 (s 2(2)); rem: 14 November 2023 (s 2(1)) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2 and Sch. 4 LIST OF AMENDMENTS r 7A ins Act No. 29, 2023, s 56 sch amd Act No. 8, 2016, s 45 -- 13 of 13 --