Evidence Act 1906 (WA)

Western Australia

Western Australia

Evidence Act 1906

An Act to consolidate and amend the statute law of evidence.

This Act may be cited as the Evidence Act 1906.

[2. Omitted under the Reprints Act 1984 s. 7(4)(f).]

In this Act, unless the context or subject matter otherwise indicates or requires, —

Act includes Ordinance;

Australasian colony means and includes New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia during such time as such possessions constituted separate colonies; New Zealand, and any part of New Zealand during such time as such part constituted a separate colony; Fiji; and any other British possession which may at any time be created within Her Majesty’s possessions in Australasia;

bank means —

(a) an ADI (authorised deposit‑taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth; or

(b)      a bank constituted by a law of a State, a Territory or the Commonwealth;

bankers’ books and expressions referring to bankers’ books include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank however such books are compiled, recorded or stored, whether in written form or on microfilm or by electronic process or otherwise;

colony includes province;

Commonwealth means the Commonwealth of Australia;

court includes the High Court of Australia, the Supreme Court, the District Court, the Children’s Court, the Family Court, the Magistrates Court, a warden’s court under the Mining Act 1978, and a court of summary jurisdiction;

document includes a part of a document;

examined copy means a copy proved to have been examined with the original, and to correspond therewith. The examination may be made either by one person reading both the original and the copy or by 2 persons, one reading the original and the other the copy, and it is not necessary that each should alternately read both;

Gazette means and includes the London Gazette, the Edinburgh Gazette, the Dublin Gazette, the Commonwealth of Australia Gazette and the Government Gazette, Royal Gazette, or other official gazette of any State or Australasian colony;

Government Printer means and includes the Printer to Her Majesty, and any person printing or publishing for the Government of the Commonwealth or of any State or Australasian colony, and any person purporting to be authorised to print or publish the Statutes, Ordinances, Acts of State, or other public Acts of the Legislature of any Australasian colony, or otherwise to be the Government Printer of such colony;

judge means a Justice of the High Court of Australia and a judge of the Supreme Court of Western Australia, and includes a judge of The District Court of Western Australia, a judge of the Family Court of Western Australia, a judge or magistrate of the Children’s Court of Western Australia, a magistrate of the Magistrates Court, a coroner within the…