Criminal Code Amendment (Evidence) Act 2001 (TAS)

Criminal Code Amendment (Evidence) Act 2001

An Act to amend the Criminal Code Act 1924

[Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Criminal Code Amendment (Evidence) Act 2001 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Criminal Code Act 1924 is referred to as the Principal Act. 4Schedule 1 amended (Criminal Code)Schedule 1 to the Principal Act is amended as follows: (a) by inserting the following section after section 255: 255AEvidence relating to intention to deceive or defraud On the trial of a person charged with a crime under this Chapter of which an intent to deceive or defraud is an element, it is not necessary to prove an intent to deceive or defraud any particular person. (b) by inserting in Chapter XXX the following sections after section 266: 266AEvidence relating to intention to defraud On the trial of a person charged with a crime under this Chapter of which an intent to deceive or defraud is an element, it is not necessary to prove an intent to deceive or defraud any particular person. 266BEvidence on certain charges relating to money, goods and advantages (1)  On the trial of a person charged with a crime under this Chapter or Chapters XXIV, XXV, XXVIII or XXVIIIA in relation to money, goods, financial advantage or other advantage, an entry in any book of account or any other records made by any means, including computer or other technological methods and kept by that person or kept in, under or subject to that person’s charge or supervision, purporting to be an entry of the receipt of any money, goods, financial advantage or other advantage is evidence that the money, goods, financial advantage or other advantage was received, obtained or acquired by that person or another person. (2)  On the trial of a person charged with a crime referred to in subsection (1) , it is not necessary to prove that the person or another person received, obtained or acquired any specific sum of money, specific goods or specific advantage to a specific degree if – (a) on examination of the books of account or any other records referred to in subsection (1) or of entries kept by that person or kept in, under or subject to that person’s charge or supervision or by any other evidence, there is proof of a general deficiency; and (b) the jury is satisfied that the person was guilty as charged.

[Second reading presentation speech made in:

House of Assembly on 3 OCTOBER 2001

Legislative Council on 6 NOVEMBER 2001]