Coroners (Amendment) Act 1970 (NSW)

CORONERS (AMENDMENT) ACT.

ANNO UNDEVICESIMO

ELIZABETHS II REGIIN/E

Act No. 63, 1970.

A n A c t to enab le s t ipendiary mag i s t r a t e s t o de lega te

cer ta in of the i r co ron ia l ju r i sd ic t ion , p o w e r s a n d

BE

d u t i e s ; t o p rov ide for the en t ry i n to cer tain p laces

for t he p u r p o s e s of inques t s , inquir ies or mag i s ­

terial i nqu i r i e s ; for these p u r p o s e s to a m e n d t h e

C o r o n e r s Ac t , 1960, a n d t o repeal t h e C o r o n e r s

( A m e n d m e n t ) Ac t , 1969; a n d for p u r p o s e s

connec t ed	the rewi th .	[Assented	t o ,	19th
N o v e m b e r ,	1970.]

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as
follows:—

1.      This Act may be cited as the "Coroners (Amendment)

Act, 1970".

2.       ( 1 ) The Coroners Act, 1960, is amended—

(a) by inserting next after section eight the following new section :—

8A. (1) A stipendiary magistrate may, by instrument in writing, delegate his jurisdiction, powers and duties—

(a ) to issue burial and cremation orders;

(b)	to dispense with the holding of an inquest where death results from natural causes; or
(c)	in respect of any prescribed matters relative to his jurisdiction, powers and duties as a coroner,

to an officer of the court at which he acts as coroner and may in like manner revoke wholly or in part any such delegation.

(2) Any jurisdiction, power or duty dele­ gated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time by the delegate.

(3) Notwithstanding any delegation made under this section, the stipendiary magistrate may continue to exercise or perform any jurisdiction, power or duty delegated.

(4 )

(4) Any act or thing done or suffered by the delegate when acting in pursuance of a delega­ tion made under this section shall have the like force or effect as if the act or thing had been done or suffered by the stipendiary magistrate who made the delegation.

(b) ( i) by omitting from subsection two of section nine the words "Except as hereinafter pro­ vided a person" and by inserting in lieu thereof the words "Except as provided in section 8A of this Act a person";

(ii)   by omitting subsection three of the same section;

(c) by inserting next after section thirty-eight the following new section :—

38A. (1) Where a coroner, justice or justices considers or consider that an examination should, for the purposes of an inquest, inquiry or magisterial inquiry, be made in relation to any place or that any measurements or photographs should, for those purposes, be taken in relation to any place, he or they may issue an order in writing to a specified person authorising him to enter any specified place during a specified period and to—

(a) make such examination of—

(i) the nature and condition of the

place or any equipment or

machinery therein or thereon; or

(ii) any other matter or thing; or

(b) take such measurements or photographs,

as is or are specified or referred to in the order.

(2 ) An order may be made under

subsection one of this section—

(a) before the commencement; or

(b)

(b) after the commencement and before the completion,

of the inquest, inquiry or magisterial inquiry

referred to in that subsection.

( 3 ) A person to whom an order is issued

under subsection one of this section may, during the specified period enter the specified place and—

(a) make the examination; or

(b) take the measurements or photographs,

specified or referred to in the order.

(4) A person who, upon production to him of an order issued under subsection one of this section, obstructs or hinders the person to whom the order was issued in the exercise of his powers under this section arising by virtue of the order shall be guilty of an offence against this Act.

(5) In this section—

"place" includes—

(a ) land;

(b) premises or a mine; and

(c) a ship, aeroplane or other vessel or vehicle;

"specified", in relation to an order issued under subsection one of this section, means specified in the order.

(2 ) The Coroners (Amendment) Act, 1969, is

hereby repealed.

LAND