Coroners (Amendment) Act 1987 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Coroners (Amendment) Ordinance 1987

No. 55 of 1987

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 8 October 1987.

J. A. ROWLAND

Administrator

By His Excellency’s Command,

MICHAEL TATE

Minister of State for Justice
for and on behalf of the Attorney-General

An Ordinance to amend the Coroners Ordinance 1956

Short title

1.  This Ordinance may be cited as the Coroners (Amendment) Ordinance 1987.1

Coroner’s findings

2.  Section 33 of the Coroners Ordinance 19562 is amended:

(a)by omitting from subsection (3) all the words from and including “that the evidence” to and including “any person for” and substituting “, having regard to all the evidence given at an inquest or inquiry, that the evidence is capable of satisfying a jury beyond reasonable doubt that a person has committed”;

(b)by omitting from paragraph (3) (a)  and subsection (6) all the words from and including “that” to and including “for” and substituting “that the evidence before it is capable of satisfying a jury beyond reasonable doubt that an accused person has committed”;

(c)by omitting from subsection (7) “that a prima facie case has been established for” and substituting “that the evidence before the Coroner is capable of satisfying a jury beyond reasonable doubt that the person has committed”; and

(d)by adding at the end the following subsection:

“(8)  In this section, ‘jury’ means a reasonable jury properly instructed.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 October 1987.

2. No. 14, 1956 as amended by No. 5, 1965; No. 2, 1967; No. 49, 1973; Nos. 15 and 47, 1974; No. 65, 1977; No. 46, 1978; No. 5, 1980; No. 67, 1985; No. 70, 1986.