Commonwealth Numbered Regulations - Explanatory Statements

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EVIDENCE REGULATIONS (AMENDMENT) 1996 NO. 202

STATUTORY RULES 1996 No. 202

Issued by the Authority of the Attorney-General and Minister for Justice

Evidence Act 1995

Evidence Regulations (Amendment)

Section 197 of the Evidence Act 1995 (the Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.

Paragraph 8(4)(a) of the Act provides that the Act does not affect the operation of provisions of the Evidence Act 1971 of the Australian Capital Territory that are specified in the Regulations.

The Regulations amend the Evidence Regulations to specify, for the purposes of paragraph 8(4)(a) of the Act, Part XII (except section 85) of the Evidence Act 1971 of the Australian Capital Territory. The provisions so specified, namely sections 82, 83 and 84, enable a court to prohibit publication of evidence and, exclude persons from a hearing.

The Attorney-General's Department of the Australian Capital Territory requested that these sections be so specified.

The Regulations resolve, in relation to these sections, a question that has arisen in the Australian Capital Territory about whether the Act necessarily affects the operation of all provisions (including sections 82, 83 and 84) of the Evidence Act 1971 of the Australian Capital Territory that are not specified in the Evidence Regulations for the purpose of paragraph 8(4)(a) of the Act.

Details of the Regulations are as follows:

Regulation 1 is formal.

Regulation 2 adds a new paragraph (ca) to Regulation 4 of the Evidence Regulations to specify Part XII, except section 85, of the Evidence Act 1971 of the Australian Capital Territory for the purposes of paragraph 8(4)(a) of the Act.

The Regulations will commence on gazettal.