Welcome to the Evidence Act 2008


This blog was started back when the Evidence Act 2008 was nothing more than a gleam in Parliament's eye. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find.

Since then, many authors and luminaries have turned their minds to the complex issues the Act obliges Victorian lawyers to engage with. A blog devoted exclusively to this one piece of legislation isn't necessary, and is impossible for us to give the attention it deserves.

If you're looking for a more conventional blog posting on topical legal issues, have a look at Quis Custodiet Ipsos Custodes? by the same authors.

This site is no substitute for legal advice from an Australian lawyer. If you have a legal problem, it's great that you are doing a bit of research, but go consult a professional.




2009-07-05

8. Operation of Acts

8. Operation of Acts

This Act does not affect the operation of the provisions of any other Act.

Note

The Commonwealth Act includes additional subsections relating to the operation of the Corporations Act 2001 of the Commonwealth, the Australian Securities and Investments Commission Act 2001 of the Commonwealth and certain laws in force in the Australian Capital Territory. It also provides for the regulations to have continued effect (until amended) after the commencement of the Commonwealth section.

This section limits s 4, which applies (with few exceptions) the provisions of this Act to court proceedings in Victoria.

By virtue of this provision, hearings conducted pursuant to specific legislation, such as the Bail Act 1977 and the Family Violence Act 2008, continue to apply the specific evidentiary provisions contained in those Acts.

The Criminal Procedure Act 2009 modifies a number of provisions of the UEA. See also s 52 regarding rules of law and practice relating to the introduction of evidence.

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