Section 76 provides that a mere opinion about a fact is not admissible as evidence to prove the fact. Where a statement is the opinion of a witness and not an observation of fact, and relied upon to establish a fact referred to in the statement, then the statement is deemed to be an opinion. Thus, in accordance with section 77, an opinion used as evidence of something other than the facts alleged in the opinion is nevertheless admissible.

​

​

​

All statutory sections from unspecified Acts, are sections from a model Act of the Commonwealth Parliament as described on the first page of this chapter, and should be replicated as described in each of the related Acts of each State and Territory. (Jurisdiction to regulate the rules of evidence exists in the States and Territories and not in the Commonwealth).

​