Northern Territory Consolidated Acts

EVIDENCE ACT 1939

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   4.      Definitions  
   5.      Application of Act  
   6.      Relationship with Evidence (NUL) Act  
   6A.     Application of Criminal Code  

   PART 2--PRIVILEGE

   12.     Medical privilege  

   PART 3--VULNERABLE WITNESSES

   21AA.   Definitions  
   21AB.   Meaning of vulnerable witness  
   21A.    Evidence of vulnerable witnesses  
   21B.    Evidence of vulnerable witnesses in cases of sexual or serious violence offences  
   21C.    Evidence given outside the courtroom  
   21D.    Principles in relation to child witnesses  
   21E.    Audiovisual record of evidence of vulnerable witness  
   21F.    Closure of court in certain cases  

   PART 3A--DOMESTIC VIOLENCE OFFENCE PROCEEDINGS

   21G.    Definitions  
   21GA.   Expert evidence for domestic violence  
   21H.    Evidence of complainant  
   21J.    Requirements for recorded statement  
   21K.    Service of recorded statement on defendant's legal practitioner  
   21L.    Access to recorded statement if defendant unrepresented  
   21M.    Failure to comply with service or access requirements  
   21N.    Transcript of recorded statement  
   21P.    Editing or otherwise altering recorded statement  
   21Q.    Offence to publish recorded statement  
   21QA.   Leave required for unrepresented defendant to cross-examine certain vulnerable witnesses  
   21QB.   Leave not given to directly cross-examine witness  
   21QC.   Warning  
   21R.    Part does not affect other provisions  

   PART 4--MISCELLANEOUS RULES OF EVIDENCE

   24.     Evidentiary certificate by reporting scientist  
   26E.    Exception to rule against hearsay evidence  

   PART 5--COMMUNICATION LINKS

           Division 1--Preliminary matters

   49.     Interpretation  
   49B.    Application of Part  
   49C.    Procedural rules  

           Division 2--Use of communication links generally

   49D.    Application of Division  
   49E.    Use of communication link by Territory entity  
   49F.    Appearance, giving evidence or making submissions by audiovisual link  
   49G.    Appearance, giving evidence or making submissions by audio link  
   49H.    Appearance, giving evidence or making submissions by visual link  
   49I.    Premises to be considered part of place where entity is sitting  
   49J.    Expenses  
   49K.    Administration of oaths  
   49L.    Putting documents to remote person  
   49M.    Putting objects to remote person  

           Division 3--Use of interstate audiovisual links or audio links in Territory proceedings

   49N.    Application of Division  
   49P.    Territory entity may take evidence and submissions from outside Territory  
   49Q.    Giving evidence or making submissions by audiovisual link  
   49R.    Giving evidence or making submissions by audio link  
   49S.    Expenses  
   49T.    Counsel entitled to practise  

           Division 4--Use of interstate audiovisual links or audio links in interstate proceedings

   49U.    Application of Division  
   49V.    Interstate entity may take evidence or receive submissions from persons in Territory  
   49W.    Powers of interstate entity  
   49X.    Orders made by interstate entity  
   49Y.    Enforcement of order  
   49Z.    Privileges, protection and immunity of participants in interstate proceedings  
   49ZA.   Interstate entity may administer oath in Territory  
   49ZB.   Assistance to interstate entity  
   49ZC.   Contempt of interstate entity  
   49ZD.   Conduct constituting contempt of interstate entity  

   PART 6--EVIDENCE ON COMMISSION

           Division 1--Taking outside Territory of evidence for Territory proceedings

   50.     Order for taking of evidence  
   51.     Admissibility of evidence  

           Division 2--Taking within Territory of evidence for proceedings elsewhere

   52.     Application to Supreme Court for order to obtain evidence  
   53.     Power of Supreme Court to give effect to application  
   54.     Privilege of witnesses  
   55.     Misleading testimony  

   PART 7--CONFIDENTIAL INFORMATION

   56.     Definitions  
   56A.    Application of Part  
   56B.    Protection of confidential communications  
   56C.    Notice of intention to apply for leave to adduce or produce evidence of confidential communication  
   56D.    Procedural matters relating to application for leave  
   56E.    Giving leave to adduce or produce evidence of confidential communication  
   56F.    Limitation on privilege under this Part  
   56G.    Ancillary orders where evidence of confidential communication to be adduced or produced  

   PART 8--PUBLICATION OF EVIDENCE

   57.     Prohibition of the publication of evidence and of names of parties and witnesses  
   58.     Temporary prohibition of the publication of evidence where witnesses ordered out of court  
   59.     Contravention of order  

   PART 9--OTHER MATTERS

   62.     Proof of public place in certain cases  
   62A.    Proof of place being within local government area etc.  
   65.     Regulations  

   PART 10--TRANSITIONAL PROVISIONS

           Division 1--Transitional matters for Evidence Legislation (Authorised Persons) Amendment Act 2009

   66.     Savings – authorised officers  

           Division 2--Transitional matters for Evidence (National Uniform Legislation) (Consequential Amendments) Act 2012

   67.     Definitions  
   68.     Application of this Act linked to application of Evidence (NUL) Act  

           Division 3--Justice Legislation Amendment (Vulnerable Witnesses) Act 2016

   69.     Definitions  
   70.     Proceeding already commenced  
   71.     Offence provisions – before and after commencement day  

           Division 4--Evidence and Other Legislation Amendment Act 2020

   72.     Proceeding already commenced  

           Division 5--Justice Legislation Amendment (Domestic and Family Violence) Act 2023

   73.     Definitions  
   74.     Application of section 21GA  
   75.     Application of amendment to section 21J  
           ENDNOTES