Australian Capital Territory Repealed Acts

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This legislation has been repealed.

EVIDENCE ACT 1971 (REPEALED) - SECT 94

Proof of convictions

    (1)     In a proceeding, a certificate of the conviction of a person for a specified offence by a federal court, a court of a State or Territory of the Commonwealth or a court of a Commonwealth country, being a certificate purporting to be signed by the registrar or other proper officer of that court, is evidence of the fact of the conviction and of any particulars of the offence or of the conviction, including the date when the offence was committed, and of any sentence of imprisonment or other penalty imposed, that are included in the certificate.

    (2)     In a proceeding, a certificate purporting to be signed by the registrar or other proper officer of a court referred to in subsection (1) that a person charged with an offence specified in the certificate was acquitted of the offence, or that the charge was dismissed, by that court is evidence of the facts stated in the certificate.

    (3)     An affidavit in accordance with the form set out in schedule 1, made by an officer of the police force of a State or another Territory, is, 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, evidence in a proceeding that the person whose fingerprints are shown on a fingerprint card referred to in the affidavit and marked by the officer for identification—

        (a)     is the person referred to in a certificate of conviction or certified copy of a 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.

    (4)     In subsection (3), and in schedule 1, where the Australian Federal Police provides policing services to a Territory, a reference to the police force of that Territory includes a reference to the Australian Federal Police.



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