CRIMES (PROCEDURE) AMENDMENT ACT, 1983, No. 170
Jleto &outf) Male*
ANNO TRICESIMO SECUNDO
ELIZABETHS EI REGINS
Act No. 170, 1983.
An Act to amend the Crimes Act, 1900, so as to make further provisions
with respect to the procedure in criminal proceedings; and for other
purposes. [Assented to, 31st December, 1983.J
Act No. 170, 1983. 2
Crimes (Procedure) Amendment.
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:—
Short title.
1. This Act may be cited as the "Crimes (Procedure) Amendment Act,
1983".
Commencement.
(1) Except as provided by this section, this Act shall commence on the date of assent to this Act.
2.
(2) Section 4, in its application to Schedule 1 or 2, shall commence on the day on which that Schedule commences.
(3) Schedule 1 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.
Schedules.
3. This Act contains the following Schedules:—
SCHEDULE 1.—AMENDMENTS TO THE CRIMES ACT, 1900. SCHEDULE 2.—AMENDMENTS TO THE CRIMES ACT, 1900, BY
WAY OF STATUTE LAW REVISION.
SCHEDULE 3.—TRANSITIONAL PROVISIONS.
Amendment ot Act No. 40, 1900.
4. The Crimes Act, 1900, is amended in the manner set forth in Schedules 1 and 2.
Act No. 170, 1983.
Crimes (Procedure) Amendment.
Transitional provisions.
5. Schedule 3 has effect.
SCHEDULE 1.
(Sec. 4.)
AMENDMENTS TO THE CRIMES ACT. 1900.
(1) (a) Section 409 (2) (a) —
Omit "evidence; or,", insert instead "evidence, or is absent from
Australia; or".
(b) Section 409 ( 7 ) - ( l l ) — After section 409 (6), insert: —
(7) Except in so far as the Judge otherwise orders, a pre- scribed statement may be read as evidence for the prosecution at the trial of the accused upon proof on oath that the person who made the statement is dead, or so ill as not to be able to travel or to give evidence, or is absent from Australia,
(8) A prescribed statement may, if the accused so requires,
be read as evidence in the accused's defence at the trial of the accused whenever—
(a)
the person who made the statement is dead, or so il! as not to be able to travel or to give evidence, or is absent from Australia; or
(b)
the Justice who committed the accused or held the accused to bail has certified before the committal or holding to bail that the evidence of the person who made the statement is material, and that that person is, in the belief of the Justice, willing to attend the trial, but is unable to bear the expense of attendance.
Act No. 170, 1983. 4
Crimes (Procedure) Amendment. SCHEDULE I—continued.
AMENDMENTS TO THE CRIMES ACT, 1900—continued.
but no statement may be so read on the ground mentioned…