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LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1999. NO. 125, 1999 - SCHEDULE 6
- Amendment of the Evidence Act 1995
1 Section 5 (table)
After:
Section 155
| Official records
|
insert:
Section
155A
| Commonwealth documents
|
2
Section 5 (table)
Omit "Commonwealth records", substitute "Commonwealth
records, postal articles sent by Commonwealth agencies and certain
Commonwealth documents".
3 At the end of section 47
Add:
- Note: Section 182
gives this section a wider application in relation to Commonwealth records and
certain Commonwealth documents.
4 Paragraph 48(4)(b)
Omit "adducing oral evidence", substitute "adducing from
a witness evidence".
5 Section 48 (note)
Omit "Note", substitute "Note 1".
6 At the end of section 48
Add:
- Note 2: Section 182 gives this section a
wider application in relation to Commonwealth records and certain Commonwealth
documents.
7 At the end of section 49
Add:
- Note: Section 182 gives this section a
wider application in relation to Commonwealth records and certain Commonwealth
documents.
8 Paragraph 50(1)(b)
Omit "volume and complexity", substitute "volume or
complexity".
9 Section 51 (at the end of the note)
Add "and certain
Commonwealth documents".
10 At the end of subsection 59(2) (before the note)
Add:
- (3)
- Subsection (1) does not apply to evidence of a representation
contained in a certificate or other document given or made under regulations
made under an Act other than this Act to the extent to which the regulations
provide that the certificate or other document has evidentiary effect.
11 Paragraph 63(2)(a)
Omit "oral".
12 Paragraph 64(2)(a)
Omit "oral".
13
Paragraph 65(8)(a)
Omit "oral".
14 At the end of section 76 (before the
note)
Add:
- (2)
- Subsection (1) does not apply to evidence of an opinion
contained in a certificate or other document given or made under regulations
made under an Act other than this Act to the extent to which the regulations
provide that the certificate or other document has evidentiary effect.
15 Paragraph 82(a)
Omit "orally".
16 Section 147 (at the end of the note)
Add "and certain Commonwealth documents".
17 Section 149 (at the end of the
note)
Add "and certain Commonwealth documents".
18 Section 152 (at the end
of the note)
Add "and certain Commonwealth documents".
19 After section 155
Insert: 155A Evidence of Commonwealth documents
- (1)
- Evidence of a
Commonwealth document may be adduced by producing a document that purports to
be, or to be a copy of or extract from, the Commonwealth document that is
certified to be the Commonwealth document, or to be a true copy or extract, as
the case may be, by:
- (a)
- a Minister; or
- (b)
- a person who might reasonably be supposed to have custody of the
Commonwealth document.
- (2)
- If such a document is produced, it is presumed, unless evidence that is
sufficient to raise doubt about the presumption is adduced, that:
- (a)
- the document is the Commonwealth document, or the copy of or extract from
the Commonwealth document, that it purports to be; and
- (b)
- the Minister or person certified the document as being the Commonwealth
document or a true copy or extract, as the case requires.
- Note 1: The NSW Act has no equivalent provision for section 155A.
Note 2: Section 5 extends the application of this section to proceedings in
all Australian courts.
20 Section 160 (at the end of the note)
Omit "Commonwealth records",
substitute "postal articles sent by a Commonwealth agency".
21 Subsection
163(2) (definition of Commonwealth agency )
Repeal the definition.
22
Division 1 of Part 4.6 (at the end of the note to the heading)
Add "and
certain Commonwealth documents".
23 Division 2 of Part 4.6 (at the end of the
note to the heading)
Add "and certain Commonwealth documents".
24 After
subsection 182(4)
Insert:
- (4A)
- Section 160 applies in relation to postal
articles sent by a Commonwealth agency as if that section applied to the
extent provided for in section 5.
- (4B)
- Sections 47, 48, 49, 51, 147, 149 and 152, Divisions 1 and 2 of Part 4.6
and section 183 apply in relation to a Commonwealth document that:
- (a)
- is in the possession of a Commonwealth entity; or
- (b)
- has been destroyed but was, immediately before its destruction, in the
possession of a Commonwealth entity or someone else to whom it had been given
by a Commonwealth entity for destruction;
as if the section or Division applied to the extent provided for in section 5.
25 Subsection 182(1) (table)
Omit "160,".
26 Subsection 182(1) (table)
Omit
"Postal articles, telexes", substitute "Telexes".
- Note: The heading to
section 182 is altered by adding at the end ", postal articles sent by
Commonwealth agencies and certain Commonwealth documents ".
27 Section 183 (at the end of the note)
Add "and certain Commonwealth
documents".
28 Part 1 of the Dictionary at the end of the Act
Insert:
Commonwealth agency means:
- (a)
- a Department within the meaning of the Public Service Act 1922 ; or
- (b)
- a House of the Parliament; or
- (c)
- a person or body holding office, or exercising power, under or because of
the Constitution or a law of the Commonwealth; or
- (d)
- a body or organisation, whether incorporated or unincorporated,
established for a public purpose:
- (i)
- by or under a law of the Commonwealth or of a Territory (other than the
Australian Capital Territory, the Northern Territory or Norfolk Island); or
- (ii)
- by the Governor-General; or
- (iii)
- by a Minister.
29 Part 1 of the Dictionary at the end of the Act
Insert: Commonwealth
document means:
- (a)
- a document in the nature of a form, application, claim or return, or any
document of a similar kind, that has, in accordance with a Commonwealth law,
or in connection with the provision of money or any other benefit or advantage
by the Commonwealth, been filed or lodged with a Commonwealth entity or given
or sent (including sent by a form of electronic transmission) to a
Commonwealth entity; and
- (b)
- any of the following documents:
- (i)
- a report of the crew and passengers on a ship or aircraft that has been
communicated to the Australian Customs Service under section 64AC of the
Customs Act 1901 ;
- (ii)
- a ship's inward cargo adjustment report delivered to an officer under
subregulation 46(3) of the Customs Regulations;
- (iii)
- an entry made under the Customs Act 1901 or Excise Act 1901 in relation
to goods;
- (iv)
- a form or statement given to a Collector under regulation 41 of the
Customs Regulations;
- (v)
- a passenger card given to an officer under subregulation 3.01(3) of the
Migration Regulations;
- (vi)
- a report referred to in section 46 of the Ozone Protection Act 1989 that
has been given under that section to the Minister administering that Act;
- (vii)
- any other document prescribed by the regulations for the purposes of
this paragraph.
30 Part 1 of the Dictionary at the end of the Act
Insert: Commonwealth
entity means:
- (a)
- a Department within the meaning of the Public Service Act 1922 ; or
- (b)
- the Parliament, a House of the Parliament, a committee of a House of the
Parliament or a committee of the Parliament; or
- (c)
- a person or body other than a Legislative Assembly holding office, or
exercising power, under or because of the Constitution or a law of the
Commonwealth; or
- (d)
- a body or organisation other than a Legislative Assembly, whether
incorporated or unincorporated, established for a public purpose:
- (i)
- by or under a law of the Commonwealth or of a Territory (other than the
Australian Capital Territory, the Northern Territory or Norfolk Island); or
- (ii)
- by the Governor-General; or
- (iii)
- by a Minister; or
- (e)
- any other body or organisation that is a Commonwealth owned body
corporate.
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