Victorian Numbered Acts

EVIDENCE AMENDMENT (JOURNALIST PRIVILEGE) ACT 2012 (NO. 52 OF 2012) - SECT 8

For clause 4(1) of Part 2 of the Dictionary to the Evidence Act 2008 substitute —

    "(1)     For the purposes of this Act, a person is taken not to be available to give evidence about a fact if—

        (a)     the person is dead; or

        (b)     the person is, for any reason other than the application of section 16 (Competence and compellability—judges and jurors), not competent to give the evidence ; or

        (c)     the person is mentally or physically unable to give the evidence and it is not reasonably practicable to overcome that inability; or

        (d)     it would be unlawful for the person to give the evidence; or

        (e)     a provision of this Act prohibits the evidence being given; or

        (f)     all reasonable steps have been taken, by the party seeking to prove the person is not available, to find the person or secure his or her attendance, but without success; or

        (g)     all reasonable steps have been taken, by the party seeking to prove the person is not available, to compel the person to give the evidence, but without success.".