Western Australian Current Acts Western Australian Current Acts In this Act, unless
the context or subject matter otherwise indicates or requires, —
Act includes Ordinance;
Australasian colony means and includes New South
Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia
during such time as such possessions constituted separate colonies; New
Zealand, and any part of New Zealand during such time as such part constituted
a separate colony; Fiji; and any other British possession which may at any
time be created within Her Majesty’s possessions in Australasia;
bank means —
(a) an
ADI (authorised deposit-taking institution) as defined in section 5 of the
Banking Act 1959 of the Commonwealth; or
(b) a
bank constituted by a law of a State, a Territory or the Commonwealth;
bankers’ books and expressions referring to
bankers’ books include ledgers, day books, cash books, account books,
and all other books used in the ordinary business of the bank however such
books are compiled, recorded or stored, whether in written form or on
microfilm or by electronic process or otherwise;
colony includes province;
Commonwealth means the Commonwealth of Australia;
court includes the High Court of Australia, the
Supreme Court, the District Court, the Children’s Court, the Family
Court, the Magistrates Court, a warden’s court under the Mining Act 1978
, and a court of summary jurisdiction;
document includes a part of a document;
examined copy means a copy proved to have been
examined with the original, and to correspond therewith. The examination may
be made either by one person reading both the original and the copy or by 2
persons, one reading the original and the other the copy, and it is not
necessary that each should alternately read both;
Gazette means and includes the London Gazette ,
the Edinburgh Gazette , the Dublin Gazette , the Commonwealth of Australia
Gazette and the Government Gazette , Royal Gazette , or other official gazette
of any State or Australasian colony;
Government Printer means and includes the Printer
to Her Majesty, and any person printing or publishing for the Government of
the Commonwealth or of any State or Australasian colony, and any person
purporting to be authorised to print or publish the Statutes, Ordinances, Acts
of State, or other public Acts of the Legislature of any Australasian colony,
or otherwise to be the Government Printer of such colony;
judge means a Justice of the High Court of
Australia and a judge of the Supreme Court of Western Australia, and includes
a judge of The District Court of Western Australia, a judge of the Family
Court of Western Australia, a judge or magistrate of the Children’s
Court of Western Australia, a magistrate of the Magistrates Court, a coroner
within the meaning of the Coroners Act 1996 , and also any justice or justices
of the peace sitting in court;
legal proceeding or proceeding includes any
action, trial, inquiry, cause, or matter, whether civil or criminal, in which
evidence is or may be given, and includes an arbitration;
person acting judicially means any person having,
in Western Australia, by law or by consent of parties, authority to hear,
receive, and examine evidence;
photograph means a durable facsimile of an
original obtained by any photographic, photostatic or similar process;
prisoner means and includes any person committed
to prison for punishment, or on remand, or for trial, safe custody, or
otherwise;
State means a State of the Commonwealth;
the State means the State of Western Australia or
the colony of Western Australia prior to the establishment of the
Commonwealth;
uncorroborated evidence , in relation to the
conviction of a person accused of an offence, means evidence that is not
corroborated in some material particular by other evidence implicating the
accused person;
votes and proceedings shall be deemed to include
journals and minutes, and any papers purporting to be printed by the authority
of and to be laid before either House of the Parliament of the Commonwealth,
or of any State or of any Australasian colony.
[Section 3 amended: No. 11 of 1964 s. 2; No. 111
of 1978 s. 2; No. 66 of 1987 s. 4; No. 70 of 1988 s. 35; No. 15 of 1991 s. 23;
No. 73 of 1994 s. 4; No. 26 of 1999 s. 78(2); No. 71 of 2000 s. 3; No. 15 of
2003 s. 15; No. 59 of 2004 s. 89; No. 13 of 2021 s. 57.]