Evidence Act Amendment Act 1967 (WA)

1967.] Evidence. [No. 23.

EVIDENCE.

No. 23 of 1967.

AN ACT to amend the Evidence Act, 1906-1966.

[Assented to 27th October, 1967.]

RE it enacted by the Queen's Most Excellent Majesty, 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 and citation.

Act Amendment Act, 1967.

Reprinted as

(2) In this Act the Evidence Act, 1906-1966, is approved for reprint 4th

referred to as the principal Act. August, 1966, es amended by Act No. 20 of 1966.

(3) The principal Act as amended by this Act may

be cited as the Evidence Act, 1906-1967.

No. 23.] Evidence. [1967.

S. /D4A

added.

2. The principal Act is amended by adding after

section one hundred and four a section as follows-

Power of

Person	104A. (1) Where an authority desires to take
appointed by

foreign

or receive evidence in the State, the authority

authority to

take or

may by instrument in writing appoint a person

receive

evidence and

to so take or so receive evidence.

administer

oath.

(2) Subject to subsection (3) of this section, a person appointed pursuant to subsection (1) of this section has power to take or receive evidence in the State for the authority and for that purpose has power to administer an oath.

Where the authority is not a Court or Judge a person so appointed is not empowered to take or receive evidence or administer an

(3)

Vide s. 154

oath in the State unless he has first obtained

(4) Act No.

36 of 1935.

the consent in writing of the Attorney-General.

(4) This section does not authorise the taking

or receiving of evidence by a person so

appointed in or for use in criminal proceedings.

In this section "authority" means any Court, Judge, person or body that is authorised under the law of a foreign country to take or receive evidence on oath in that country. .

(5)