(1) In section 165(1) of the Evidence Act 2008 —
(a) after "evidence" (where first occurring) insert "in a civil proceeding that is evidence";
(b) paragraphs (d), (e) and (f) are repealed .
(2) At the foot of section 165(1) of the Evidence Act 2008 insert —
" Note
Subsection (1) differs from section 165(1) of the Commonwealth Act and New South Wales Act.".
(3) At the foot of section 165 of the Evidence Act 2008 insert —
" Note
This section applies only to civil proceedings. Divisions 3 and 4 of Part 4 of the Jury Directions Act 2015 contain provisions relating to unreliable evidence and identification evidence that apply in criminal trials.".