Division 6(cf Act No 52 1970, section 83; Act No 9 1973, section 70)
If a person is authorised by this Act or by rules of court, or by an order of the court, to take the examination of any person:(a) the examination is to be taken on oath, and(b) the oath may be administered by the person taking the examination or by a judicial officer of the court.
(cf Act No 52 1970, section 21; Act No 9 1973, section 6; SCR Part 1, rule 11A)
(1) The power of the court to make orders in relation to proceedings, whether under this or any other Act or otherwise, includes the power:(a) to make orders by way of leave or direction, and(b) to make all or any orders on terms.(2) The power of the court to make orders on terms is taken to be a power to make orders on such terms and conditions as the court thinks fit.(3) Subject to this Act and to rules of court, the court may make any order that it has power to make either of its own motion or on the application of a party or any other person entitled to make such an application.(4) Nothing in this Act limits the operation of section 43 of the Interpretation Act 1987.
87 Protection against self-incrimination in relation to interlocutory matters
(cf Act No 25 1995, sections 128 and 133)
(1) In this section:civil penalty has the same meaning as it has in the Evidence Act 1995.
conduct includes both act and omission.
culpable conduct means conduct that, under:
(a) the laws of New South Wales, or(b) the laws of any other State or Territory, or(c) the laws of the Commonwealth, or(d) the laws of a foreign country,constitutes an offence or renders a person liable to a civil penalty.order for production means an interlocutory order requiring a person (other than a body corporate) to provide evidence to the court or to a party to a proceeding before the court.
provide evidence means:
(a) to provide an answer to a question or to produce a document or thing, or(b) to swear an affidavit, or(c) to file and serve an affidavit or a witness statement, or(d) to permit possession to be taken of a document or thing.(2) This section applies in circumstances in which:(a) an application is made for, or the court makes, an order for production against a person, and(b) the person objects to the making of such an order, or applies for the revocation of such an order, on the ground that the evidence required by the order may tend to prove that the person has engaged in culpable conduct.(2A) This section does not apply in circumstances in which section 128A of the Evidence Act 1995 applies.(3) If the court finds that there are reasonable grounds for the objection or application referred to in subsection (2) (b), the court is to inform the person, or the person’s legal representative:(a) that the person need not provide the evidence, and(b) that, if the person provides the evidence, the court will give a certificate under this section, and(c) of the effect of such a certificate.(4) If the person informs the court that he or she will provide the evidence, the court is to cause the person to be given a certificate under this section in respect of the evidence.(5) The court is also to cause a person to be given a certificate under this section if the court overrules an objection to the making of an order for production, or refuses an application for the revocation of such an order, but, after the evidence is provided, the court finds that there were reasonable grounds for the objection or application.(6) Despite anything in this section, the court may make an order for production if it is satisfied of the following:(a) that the evidence required by the order may tend to prove that the person has engaged in culpable conduct,(b) that the culpable conduct does not comprise conduct that, under:(i) the laws of any State or Territory (other than New South Wales), or(ii) the laws of the Commonwealth, or(iii) the laws of a foreign country,constitutes an offence or renders a person liable to a civil penalty,(c) that the interests of justice require that the person provide the evidence.(7) If the court makes an order for production under subsection (6), it is to cause the person to be given a certificate under this section in respect of the evidence required by the order.(8) In any proceedings:(a) evidence provided by a person in respect of which a certificate under this section has been given, and(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having provided such evidence,cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.(9) If a question arises under this section relating to a document, the court may order that the document be produced to it and may inspect the document for the purpose of determining the question.
(1) If a trial of proceedings has commenced before a judicial officer and he or she is unable to continue the trial or give judgment in the proceedings, by reason of death, resignation or incapacity, the senior judicial officer of the relevant court may nominate some other judicial officer of that court as the judicial officer before whom the proceedings are to be listed for trial.(2) In this section, a reference to a trial of proceedings includes a reference to a trial of one or more questions in the proceedings.
(1) If:(a) any proceedings have been listed for trial pursuant to section 88, or(b) an appellate court has made an order for a fresh trial generally (being an order given on an appeal after a trial of any proceedings), or(c) a judicial officer before whom a trial of any proceedings has commenced has discharged himself or herself from the trial without having given judgment in the proceedings,the court may give such directions as it thinks fit as to the evidence to be used in the fresh trial.(2) In particular, the court may give either or both of the following directions:(a) a direction that all or any part of the evidence given at the previous trial is to be taken to be evidence in the fresh trial without the need for the witnesses to be recalled,(b) a direction that all or any of the witnesses are to be recalled for examination or cross-examination, or both, either generally or as to a particular question or questions in the proceedings.(3) In subsection (1), a reference to a trial of proceedings includes a reference to a trial of one or more questions in the proceedings.