Evidence Act Amendment Act 1956 (WA)

1956.] Evidence. I No. 16.

EVIDENCE.

5° Elizabeth II., No. XVI.

No. 16 of 1956.

AN ACT to amend the Evidence Act, 1906.

[Assented to 26th October, 1956.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Evidence Act and citation.

Amendment Act, 1956.

(2) In this Act, the Evidence Act, 1906,

Act No. 28 of 1906 reprinted as amended by Acts Nos. 16 of 1913 and 19 of 1921 in the Appendix to the Sessional Volume of Statutes for the year 1928 and further amended by Acts Nos. 34 of 1930 and 73 of 1948,

is referred to in this Act as the principal Act.

No. 16.] Evidence. [1956.

(3) The principal Act as amended by this Act

may be cited as the Evidence Act, 1906-1956.

The principal Act is amended by inserting in place of section nineteen, which was repealed by sub-section (2) of section three of the Matrimonial Causes and Personal Status Code, 1948, the fol- lowing heading and section

New t. 19. 2.

Cf. No. 73 of

1998, a. 3.

Spouses Competent to Give Evidence as to Non-access.

Evidence of

non-access.	19. In any proceedings including proceedings
Cf. S.A.

No. 38 of	pending at the commencement of the Evidence
1999, 8. 3
(s. 34h).	Act Amendment Act, 1956, either party to a
Cf. No. 73
of 1948,	marriage may give evidence proving or tending
8.33.	to prove that the parties to the marriage did not have sexual relations with each other at any particular time notwithstanding that such evidence would show or tend to show that any child born to the wife during the marriage was illegitimate.

S. 47	3.	Section forty-seven of the principal Act is
amended.

amended by

(a) adding after subsection (1) the following subsection

Proof of

identity.	(la) For the purpose of proving the
Cf. S.A.

No. 40 of	identity of a person alleged to have been
1940, s. 5;
Tat 7	convicted, whether before or after the
Geo. VI
No. 40, s. 2;	commencement of the Evidence Act
and N.S.W.
No. 35	Amendment Act, 1956, an affidavit sub-
of 1954,
s. 2(e).	stantially in the form in the Sixth
Cf. 3.23 ante.	Schedule to this Act shall be admissible
Sixth
Schedule	in evidence in all courts and shall be prima facie evidence that the person whose finger-prints are exhibited there-
to

(a) is the person who, in any docu- ment exhibited to the affidavit and purporting to be a record or abstract or certificate of conviction

1956.] Evidence. [No. 16.

or a certified copy of a record or abstract or certificate of con- viction, is referred to as having been convicted;

(b) has been convicted of the offences mentioned in the affidavit.;

(b) adding after the word "acquittal" appear- ing in subsection (5) firstly in line one, and secondly in line four, the words, "or identity".

cipal Act is amended by adding after the word 4. Paragraph (b) of section fifty-six of the prin- a ceded.

"Governor" in line three, the passage ", Minister of

the Crown".

Paragraph (a) of subsection (1) of section fifty-seven of the principal Act is amended by sub-

S. 57

amended.

stituting for the word "proclamation" in line one,

the word, "production".

5.

SIXTH SCHEDULE. 8.47 (is).

Western Australia.

THE EVIDENCE ACT, 1906.

(In the (a) ((a) Designa-

(b) Court.) ion of

IN THE MATTER of (c) by

((c) Descrip- ((n) Parties.)

against tion of legal

I proceedings, e g "an

of action", com-

a fingerprint expert attached to

the (d)	"al",	13
me
"aanin in tid- l' ict
make oath and say as follows:—
tion"). "ann itnforma-

sig-

1. I have examined the fingerprint card, now pro- nation of

duced and shown to me marked "A." The fingerprints department.)

on the card are identical with those on a fingerprint

card, portion of the records of the (d)

being the fingerprints of

one alias

No. 16.] Evidence. [1956.

2. According to those records, which I believe to be

accurate, the said

has been convicted of the offences set out below,

namely :—

(Here insert description of offences, the Courts in which the

convictions took place and the dates of the convictions.)

From an examination of those records I believe that the person referred to as having been convicted, in the document(s) now shown to me and marked respec- tively "B" ("C", "D", etc.), is identical with the person whose fingerprints are on the card marked "A".

3.

Sworn at

this day of}

195            .

Before me

A person having authority to take affidavits in