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EVIDENCE ACT 2008 - NOTES

Version No. 024

No. 47 of 2008
Version incorporating amendments as at
1 March 2019

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Version No. 024

Evidence Act 2008

No. 47 of 2008
Version incorporating amendments as at
1 March 2019

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

    Minister's second reading speech—

    Legislative Assembly: 26 June 2008

    Legislative Council: 31 July 2008

    The long title for the Bill for this Act was "A Bill for an Act about the law of evidence and for other purposes."

The Evidence Act 2008 was assented to on 15 September 2008 and came into operation as follows:

Sections 1–3A and Dictionary on 16 September 2008: section 2(1); rest of Act on 1 January 2010: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Evidence Act 2008 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:

24.11.09

Commencement Date:

S. 97(Sch. item 55) on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:

24.11.09

Commencement Date:

Ss 52, 53 on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 35) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012

Assent Date:

18.9.12

Commencement Date:

Ss 3–10 on 1.1.13: s. 2(2)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:

12.11.13

Commencement Date:

S. 649(Sch. 9 item 17) on 1.7.14: s. 2(1)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 39) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:

27.6.14

Commencement Date:

S. 33(Sch. item 12) on 30.6.14: s. 2(5)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014

Assent Date:

9.9.14

Commencement Date:

Ss 7(12), 9, 10 on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Jury Directions Act 2015, No. 14/2015

Assent Date:

12.5.15

Commencement Date:

Ss 70–78 on 29.6.15: s. 2(4)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Jury Directions and Other Acts Amendment Act 2017, No. 37/2017

Assent Date:

29.8.17

Commencement Date:

Ss 17, 18 on 1.10.17: s. 2(3)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:

29.8.17

Commencement Date:

S. 85 on 30.8.17: s. 2(1)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 65 on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:

25.9.18

Commencement Date:

S. 57 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1

Current State:

This information relates only to the provision/s amending the Evidence Act 2008

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

    4     Explanatory details

No entries at date of publication.



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