Coroners Act 1965 (ACT)

1965 Coroners No. 5 161

CORONERS

No. 5 of 1965

A n Ord inance to amend the Coroners Ordinance 1956.

1.—(1.) This Ordinance may be cited as the Coroners Short title and

Ordinance 1965.*	citation.
(2.) The Coroners Ordinance 1956f is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordi- nance, may be cited as the Coroners Ordinance 1956-1965.

2. Section four of the Principal Ordinance is amended by Definitions,

omitting the definition of " the Coroner " and inserting in its
stead the following definition:—

" ' the Coroner', in relation to a matter, means the Coroner or Deputy Coroner who is exercising the powers, authority and jurisdiction of a Coroner in relation to that matter;".

3. After section five of the Principal Ordinance the follow- ing section is inserted:—

" 5A. A person who is a stipendiary magistrate or a special coroners.

magistrate for the purposes of the Court of Petty Sessions Ordi-

nance 1930-1961 is a Coroner for the Territory.".

t Ordinance No. 14, 1956

4. Section six of the Principal Ordinance is amended— Appointment
oi Deputy

(a) by omitting paragraph (a) of sub-section (1.); and coroners.

(b) by omitting from sub-section (2.) the words "the

Coroner or ".

5. Section seven of the Principal Ordinance is repealed and the following section inserted in its stead:—

" 7. A Deputy Coroner holds office during the pleasure of Tenure of

the Attorney-General.".	rSu£f
Coroners.
omitting the words " The Coroner and a " and inserting in their coronmy	6. Section eight of the Principal Ordinance is amended by Remuneration

stead the word " A ".

• Made on 15 April, 1965; notified in the Commonwealth Gazette and commenced on 6 May, 1965.

162 No. 5 Coroners 1965

7.—(1.) Sections nine and ten of the Principal Ordinance

are repealed and the following sections inserted in their stead:—

Exercise of

powers,	" 9. A Deputy Coroner has the powers, authority and juris-
authority and	diction of a Coroner but shall not exercise those powers or that
jurisdiction by	Deputy	authority or jurisdiction in relation to a matter unless—
Coroner.

(a) by reason of illness or other sufficient cause, there is no Coroner available to exercise the powers, authority or jurisdiction of a Coroner in relation to that matter; and

(b) a Coroner directs the Deputy Coroner to exercise the powers, authority or jurisdiction of a Coroner in relation to that matter.

Oath or

affirmation by	" 10.—(1.) A Coroner or a Deputy Coroner shall not " (2.) An oath or affirmation under the last preceding sub- section may be taken or made before, and may be administered or received by, the Judge of the Supreme Court or a person authorized for the purpose by the Attorney-General.".
Coroner or
Deputy	perform any of the functions or duties of his office until he has
Coroner.	taken an oath or made an affirmation in accordance with the form in the Schedule to this Ordinance.
(2.) Section ten of the Principal Ordinance as amended by this Ordinance does not apply to a Coroner or Deputy Coroner who held office as the Coroner or a Deputy Coroner, respectively, immediately before the commencement of this Ordi- nance and had taken the oaths or made the affirmations that were required to be taken or made by him under section ten of the Principal Ordinance.
Inquests and
inquiries to	8. Section thirty-four of the Principal Ordinance is

be adjourned	if person	amended—
charged in
respect of death

or fire.	(a) by omitting from sub-section (1.) the word " I f (first occurring) and inserting in its stead the words " Subject to this section, if "; and
{b) by omitting from sub-section (1.) the words " but shall adjourn the inquest or inquiry to a time and place to be fixed by the Coroner" and inserting in their stead the word " until".
CSrcumstancos
In which	9. Section thirty-seven of the Principal Ordinance is
medical	amended by omitting the words " The Coroner or a " and
rna" noXia	inserting in their stead the word " A
inquest.

1965 Coroners No. 5

10. The Schedules to the Principal Ordinance are repealed TIM

and the following Schedule is inserted in their stead:—

" THE SCHEDULE.

Section 10.

OATH.

I, , do swear that I will well and truly serve

Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will:

So HELP ME GOD 1

AFFIRMATION.

I, , do solemnly and sincerely promise and

declare that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.".

3173/65.—6