Section 179 — Evidence Act 1995 (NSW)

(1) This section applies if a member of a police force of a State or Territory—
(a) makes an affidavit in the form prescribed by the regulations for the purposes of this section, and
(b) states in the affidavit that he or she is a fingerprint expert for that police force.
(2) For the purpose of proving before a court the identity of a person alleged to have been convicted in that State or Territory of an offence, the affidavit is evidence in a proceeding that the person whose fingerprints are shown on a fingerprint card referred to in the affidavit and marked for identification—
(a) is the person referred to in a certificate of conviction, or certified copy of conviction annexed to the affidavit, as having been convicted of an offence, and
(b) was convicted of that offence, and
(c) was convicted of any other offence of which he or she is stated in the affidavit to have been convicted.
(3) For the purposes of this section, if a Territory does not have its own police force, the police force performing the policing functions of the Territory is taken to be the police force of the Territory.

Related sections

• s 176 — Questions of foreign law to be decided by judge
• s 177 — Certificates of expert evidence
• s 178 — Convictions, acquittals and other judicial proceedings
• s 180 — Proof of identity of convicted persons—affidavits by members of Australian Federal Police
• s 181 — Proof of service of statutory notifications, notices, orders and directions
• s 182 — Application of certain sections in relation to Commonwealth records

Research how courts apply s 179

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.