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Appendix D

Certificate under Section 128 of the Evidence Act 1995 (Aust)

SCHEDULE

FORMS

FORM 1

[Set out heading to action or matter]

CERTIFICATE UNDER SECTION 128

OF THE EVIDENCE ACT 1995

This Court certifies under section 128 of the Evidence Act 1995 of the Commonwealth that evidence given in these proceedings by [state name of witness] on [state date or dates], a record of which is attached to this certificate*, is evidence to which subsection 128 (7) of that Act applies.

________________________________

*a transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the court or its proper office

Dated:

L.S.

(affix seal)

___________________________

Judge or magistrate of the Court

[NOTE: Subsection 128 (7) of the Evidence Act 1995 provides as follows:

“(7) In any proceeding in an Australian court:

(a) evidence given 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 given evidence;
cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.”].