12.134 Sections 105, 108(2) and 110(4) of the Evidence Act 1995 (Cth) contain provisions addressing credibility issues that could arise where a defendant in criminal proceedings gives an unsworn statement.
12.135 They were included in the Evidence Act 1995 (Cth) because the right to adduce evidence in these circumstances continued to exist in criminal proceedings in Norfolk Island. However, these rights have now been abolished by the Evidence Act 2004 (NI). There was broad support for the proposal to repeal these sections given that there is no longer any right to make unsworn statements.
The Commissions’ view
12.136 The Commissions are of the view that these provisions in the Evidence Act 1995 (Cth) should be repealed. Consequently, s 25 of the Evidence Act 1995 (Cth), (which preserves the right of defendants under state and territory laws to make unsworn statements) should be repealed together with the above sections.
Recommendation 12–8 Sections 25, 105, 108(2) and 110(4) of the Evidence Act 1995 (Cth) should be repealed to reflect the fact that there is no longer provision under Australian law for unsworn statements to be made by a defendant in a criminal trial.
Evidence Act 2004 (NI) s 25.
 Director of Public Prosecutions (NSW), Submission E 87, 16 September 2005; New South Wales Public Defenders Office, Submission E 89, 19 September 2005; The Criminal Law Committee and the Litigation Law and Practice Committee of the Law Society of New South Wales, Submission E 103, 22 September 2005.