Federal Register of Legislation
NORFOLK ISLAND
Evidence Act 2004
No. 19, 2004
Compilation No. 2
Compilation date: 29 September 2018
Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)
NORFOLK ISLAND
EVIDENCE ACT 2004
Note: certain sections are omitted but their numbering remains in order to maintain parity in section numbering with the Evidence Act 1995 of the Commonwealth.
TABLE OF PROVISIONS
Section
Chapter 1 — Preliminary
Part 1.1 — Formal matters
1. Name of Act 2. Commencement 3. Definitions
Part 1.2 — Application of this Act 4. Courts and proceedings to which Act applies 5. Omitted 6. Omitted 7. Act binds Crown 8. Operation of other Acts …. 9. Application of common law and equity 10. Parliamentary privilege preserved 11. General powers of a court
Chapter 2 — Adducing evidence
Part 2.1 — Witnesses
Division 1 — Competence and compellability of witnesses 12. Competence and compellability 13. Competence: lack of capacity 14. Compellability: reduced capacity 15. Compellability: Sovereign and others 16. Competence and compellability: judges and jurors 17. Competence and compellability: defendants in criminal proceedings 18. Compellability of spouses and others in criminal proceedings generally 19. Compellability of spouses and others in certain criminal proceedings 20. Comment on failure to give evidence
Division 2 — Oaths and affirmations 21. Sworn evidence of witnesses to be on oath or affirmation 22. Interpreters to act on oath or affirmation 23. Choice of oath or affirmation 24. Requirements for oaths 25. Abolition of right of accused to make unsworn statement
Division 3 — General rules about giving evidence 26. Court's control over questioning of witnesses 27. Parties may question witnesses 28. Order of examination in chief, cross‑examination and re‑examination 29. Manner and form of questioning witnesses and their responses 30. Interpreters 31. Deaf and mute witnesses 32. Attempts to revive memory in court 33. Evidence given by police officers 34. Attempts to revive memory out of court 35. Effect of calling for production of documents 36. Person may be examined without subpoena or other process
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