Acts Amendment (Evidence) Act 1991 (WA)

Legislation au Western Australian Legislation - Acts (WALegAct) W E S T E R N A U S T R A L I A N L E G I S L A T I O N

Legislation content

WESTERN AUSTRALIA

ACTS AMENDMENT (EVIDENCE)

ACT 1991

No. 48 of 1991

AN ACT to amend

the Evidence Act 1906;

The Criminal Code; and

the Justices Act 1902,

in relation to the competence and compellability of

spouses to give evidence in legal proceedings and for

related purposes.

[Assented to 17 December 1991]

The Parliament of Western Australia enacts as follows:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Acts Amendment (Evidence) Act

1991.

Commencement

2. This Act shall come into operation on such date as is fixed by

proclamation.

No. 48]

Acts Amendment (Evidence) Act 1991

Amendments not to apply

to certain proceedings

3. (1) In subsection (2) "prescribed proceedings" means

(a)

any proceedings instituted before the commencement of this Act;

(b)

any appeal arising out of, or review of, any proceedings mentioned in paragraph (a); and

(c)

any rehearing of, or new trial in respect of, any proceedings mentioned in paragraph (a).

(2) Prescribed proceedings shall be heard, dealt with and

determined as if this Act had not been enacted.

PART 2—EVIDENCE ACT 1906

Principal Act

4. In this Part the Evidence Act 1906* is referred to as the

principal Act.

(*Reprinted as at 14 August 1986 and amended by Acts Nos. 81 of

1986, 66 of 1987, 70 of 1988, 34 of 1989 and 47 of 19901

Section 7 amended

5.    Section 7 of the principal Act is amended by deleting

"husbands and wives" and substituting the following

wives, former wives, husbands and former husbands ".

Acts Amendment (Evidence) Act 1991

[No. 48

Section 8 amended

6. Section 8 of the principal Act is amended in subsection (1)-

(a)

by deleting ", and the wife or husband, as the case may be, of the person so charged,";

(b)

by repealing paragraph (b) of the proviso; and

(c)

in paragraph (c) of the proviso by deleting ", or of the wife or husband, as the case may be, of the person so charged".

Section 9 repealed and a section substituted

7. Section 9 of the principal Act is repealed and the following

section is substituted

Evidence of wife or husband

of defendant in criminal cases

9. (1) In any criminal proceeding (and at every stage of

the proceeding), the wife or husband of a defendant shall,

subject to this Act, be

(a)

competent to give evidence on behalf of the

prosecution, the defendant or any person being tried

jointly with the defendant;

(b)

compellable to give evidence on behalf of the defendant or any person being tried jointly with the defendant; and

(c)

compellable to give evidence on behalf of the prosecution against the defendant or any person being tried jointly with the defendant if-

(i) the defendant is charged with an offence under a provision mentioned in the Second Schedule;

No. 48]

Acts Amendment (Evidence) Act 1991

(ii)   the defendant is charged with attempting or conspiring to commit, or with inciting the commission of, an offence under a provision mentioned in the Second Schedule;

(iii)…

Continue reading Acts Amendment (Evidence) Act 1991 (WA)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.