Victorian Numbered Acts Victorian Numbered Acts(1) In section 128(3) of the Evidence Act 2008 —
(a) for "If" substitute "Subject to subsection (4), if"; and
(b) after "court" (where secondly occurring) insert "is not to require the witness to give the evidence, and".
(2) In section 128(7)(b) of the Evidence Act 2008 , before "any" insert "evidence of".
(3) After section 128(11) of the Evidence Act 2008 insert —
"(12) If a person has been given a certificate under a prescribed State or Territory provision in respect of evidence given by a person in a proceeding in a State or Territory court, the certificate has the same effect, in a proceeding to which this subsection applies, as if it had been given under this section.
(13) For the purposes of subsection (12), a prescribed State or Territory provision is a provision of a law of a State or Territory declared by the regulations to be a prescribed State or Territory provision for the purposes of that subsection.
(14) Subsection (12) applies to a proceeding in relation to which this Act applies because of section 4, other than a proceeding for an offence against a law of the Commonwealth or for the recovery of a civil penalty under a law of the Commonwealth.".
(4) For note 3 at the foot of section 128 of the Evidence Act 2008 substitute —
"3 Section 128(12) to (14) of the Commonwealth Act gives effect to certificates in relation to self-incriminating evidence under this Act in proceedings in federal and ACT courts and in prosecutions for Commonwealth and ACT offences.".