Coroners (Amendment) Act 1978 (NSW)

CORONERS (AMENDMENT) ACT, 1978 , No. 4 7

A N N O V I C E S I M O S E P T I M O

E L I Z A B E T H E I I REGINE

Act No. 4 7 , 1 9 7 8 .

An Act to amend the Coroners Act, 1960, so as to facilitate the

taking of depositions at an inquest, inquiry or magisterial

inquiry under that Act. [Assented to, 3rd April, 1978.]

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

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

1 9 7 8 " .

2 .      ( 1 ) This section and section 1 shall commence on the date

of assent to this Act.

( 2 ) Except as provided in subsection ( 1 ) , this Act shall

commence on such day as may be appointed by the Governor in
respect thereof and as may be notified by proclamation published
in the Gazette.

3 .      The Coroners Act, 1 9 6 0 , is amended in the manner set

forth in Schedule 1.

SCHEDULE 1.

AMENDMENTS TO THE CORONERS A C T , 1 9 6 0 .

( 1 ) Section 4 ( 2 ) —

At the end of section 4 , insert :—

For the purposes of this Act, a reference to deposi­ tions shall, where the depositions were recorded by a means (other than writing) referred to in section 1 9 ( 1 ) , be construed as a reference to a transcript certified in the manner prescribed by regulations made under the Justices

( 2 )

Act, 1 9 0 2 , of the depositions so recorded.

SCHEDULE 1—continued.

AMENDMENTS TO THE CORONERS A C T , 1960—cont inued.

( 2 ) Section 1 9 ( 1 ) , ( 2 ) —

Omit the subsections, insert instead :—

( 1 ) The deposition of every witness at an inquest, inquiry or magisterial inquiry shall be recorded by means

of writing, shorthand, stenotype machine, sound-recording

apparatus or any other means prescribed for the time being by regulations made under section 1 5 4 ( 1 A ) (b) of the

Justices Act, 1 9 0 2 .

( 2 ) Where, for the purposes of subsection ( 1 ) , the deposition of a witness is recorded by means of writing, it shall be read over either to or by the witness, as the coroner, justice or justices holding the inquest, inquiry or magisterial inquiry may direct, and be signed by him and

by the coroner, justice or justices, as the case may be.