4   Words and expressions used in Evidence Act 1995

(1)  Words and expressions that are defined in the Evidence Act 1995 and that are used in this Act have the same meanings in this Act as they have in the Evidence Act 1995.

(2)  This section applies except so far as the context or subject-matter otherwise indicates or requires.

(3)  However, this section does not apply to a word or expression defined in section 3.

Note. Examples of words and expressions that are defined in the Evidence Act 1995 that are used in this Act are:

court means NSW court.

criminal proceeding means a prosecution for an offence and includes:

(a)  a proceeding for the committal of a person for trial or sentence for an offence, and

(b)  a proceeding relating to bail,

but does not include a prosecution for an offence that is a prescribed taxation offence within the meaning of Part III of the Taxation Administration Act 1953 of the Commonwealth.

judge, in relation to a proceeding, means the judge, magistrate or other person before whom the proceeding is being held.

NSW court means:

(a)  the Supreme Court, or

(b)  any other court created by Parliament,

(including such a court exercising federal jurisdiction) and includes any person or body (other than a court) that, in exercising a function under the law of the State, is required to apply the laws of evidence.

previous representation means a representation made otherwise than in the course of giving evidence in the proceeding in which evidence of the representation is sought to be adduced.

representation includes:

(a)  an express or implied representation (whether oral or in writing), or

(b)  a representation to be inferred from conduct, or

(c)  a representation not intended by its maker to be communicated to or seen by another person, or

(d)  a representation that for any reason is not communicated.