Australian Capital Territory Numbered Acts

EVIDENCE (MISCELLANEOUS PROVISIONS) AMENDMENT ACT 2003 (NO. 48 OF 2003) - SCHEDULE 1

Schedule 1     Evidence (Miscellaneous Provisions) Act 1991—consequential and technical amendments

(see s 3 (1))

[1.1]     New sections 2 to 4

in pt 1, insert

2     Dictionary

The dictionary at the end of this Act is part of this Act.

Note 1     The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act.

    For example, the signpost definition ‘ participating State , for part 3 (Use of audiovisual links and audio links)––see section 16.' means that the term ‘participating State' is defined in section 16 for part 3.

Note 2     A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3     Notes

A note included in this Act is explanatory and is not part of this Act.

Note     See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4     Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1     Criminal Code

The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):

              •     s 40 (Prohibition of publication of complainant's identity).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).

Note 2     Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.2]     Part 2 heading

substitute

Part 2     Evidence of children

[1.3]     Section 2

substitute

5     Definitions for pt 2

In this part:

"court" means—

        (a)     the Supreme Court; or

        (b)     the Magistrates Court; or

        (c)     the Coroner's Court.

"Magistrates Court" includes the Childrens Court.

"prescribed witness" means a child.

"proceeding" means a proceeding in relation to which this part applies.

[1.4]     Section 3

renumber as section 6

[1.5]     Section 4

omit

[1.6]     Section 5

renumber as section 7

[1.7]     Section 6 (1) (b)

omit

a closed-circuit television system

substitute

an audiovisual link

[1.8]     Section 6 (1)

omit

system

substitute

audiovisual link

[1.9]     Section 6

renumber as section 8

[1.10]     Section 7 (1)

omit

section 6 (1)

substitute

section 8 (1) (Location of prescribed witness giving evidence)

[1.11]     Section 7 (2) (f)

omit

closed-circuit television system

substitute

audiovisual link

[1.12]     Section 7 (3)

omit

section 6 (1)

substitute

section 8 (1) (Location of prescribed witness giving evidence)

[1.13]     Section 7

renumber as section 9

[1.14]     Section 8

omit

section 5 (a) (i)

substitute

section 7 (a) (i) (Application of pt 2)

[1.15]     Section 8

omit

section 6 (1)

substitute

section 8 (1) (Location of prescribed witness giving evidence)

[1.16]     Section 8

renumber as section 10

[1.17]     Section 9 (a)

omit

section 6 (1)

substitute

section 8 (1) (Location of prescribed witness giving evidence)

[1.18]         Section 9

renumber as section 11

[1.19]     Section 10 (1) (c)

substitute

        (c)     by a parent or guardian of the prescribed witness.

[1.20]     Sections 10 to 12

renumber as sections 12 to 14

[1.21]     Section 13

omit everything before

18

substitute

15     Child turning 18 during proceeding

If a person who was a prescribed witness in a proceeding turns

[1.22]     Section 14, definition of audiovisual link

omit

[1.23]     Sections 14 to 22

renumber as sections 16 to 24

[1.24]     Section 23

omit

section 22

substitute

section 24

[1.25]     Section 23

renumber as section 25

[1.26]     Section 24 (1)

omit

section 23

substitute

section 25

[1.27]     Sections 24 to 27

renumber as sections 26 to 29

[1.28]     Section 28 (a) (iii)

omit

section 27

substitute

section 29

[1.29]     Sections 28 to 33

renumber as sections 30 to 35

[1.30]     Section 34

omit

section 18 or 30

substitute

section 20 (Territory courts may take evidence and submissions from outside ACT) or section 32 (Use of link in proceedings)

[1.31]     Section 34

renumber as section 36