Section 142 — Evidence Act 1995 (Cth)

(1) Except as otherwise provided by this Act, in any proceeding the court is to find that the facts necessary for deciding:

(a) a question whether evidence should be admitted or not admitted, whether in the exercise of a discretion or not; or

(b) any other question arising under this Act;

have been proved if it is satisfied that they have been proved on the balance of probabilities.

(2) In determining whether it is so satisfied, the matters that the court must take into account include:

(a) the importance of the evidence in the proceeding; and

(b) the gravity of the matters alleged in relation to the question.

Related sections

• s 139 — Cautioning of persons
• s 140 — Civil proceedings: standard of proof
• s 141 — Criminal proceedings: standard of proof
• s 143 — Matters of law
• s 144 — Matters of common knowledge
• s 145 — Certain Crown certificates

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