Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 4

In section 42C of the Evidence (Miscellaneous Provisions) Act 1958 —

        (a)     insert the following definitions—

""exceptional circumstances "includes, but is not limited to—

        (a)     a state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008 in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; or

        (b)     a state of disaster declared under section 23 of the Emergency Management Act 1986 in an area where an accused is required to appear before a court or required to transit through in order to appear before a court;

"head of jurisdiction"—

        (a)     in relation to the Supreme Court, means the Chief Justice; and

        (b)     in relation to the County Court, means the Chief Judge; and

        (c)     in relation to the Magistrates' Court, means the Chief Magistrate; and

        (d)     in relation to the Children's Court, means the President;";

        (b)         in the definition of "court point", for "other place" substitute "any other place or places";

        (c)     in the definition of "practice directions", for "section 42Q" substitute "section 42UA";

        (d)         for the definition of remote point substitute —

""remote point" means a place where—

        (a)     a person appearing before the court, giving evidence or making a submission is located; or

        (b)     if Division 3 applies, the accused is located;".