Evidence Act Amendment Act 1975 (WA)

WESTERN AUSTRALIA.

EVIDENCE.

No. 61 of 1975.

AN ACT to amend the Evidence Act, 1906-1974.

[Assented to 24th October, 1975.]

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:—

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

Act Amendment Act, 1975.

(2) In this Act the Evidence Act, 1906-1974 is Reprinted as spin Oved for

referred to as the principal Act.

sprint 2nd

July, 1971

and amended

by Acts

Nos. 41 of

(3) The principal Act as amended by this Act 71 and	19
18 of 1974.

may be cited as the Evidence Act, 1906-1975.

No. 61.] Evidence. [1975.

Section 119

added.	2. The principal Act is amended by adding before the First Schedule the heading "Allowances to Witnesses and Interpreters in Specified Proceed- ings." and a section as follows-
Regulations

for fees to 119. (1) In this section

witnesses and inter- preters in specified Proceedings.	"public official" means a Minister of the Crown, a person employed in the Public Service of the State, a member of the Police Force, or a person employed by a municipality within the meaning of the Local Government Act, 1960 or any other statutory body and includes any person acting as agent of or under the instructions of such a person or body;
"Summary Court "means a Court of Petty Sessions, or a Children's Court estab- lished under the Child Welfare Act, 1947.

(2) The Governor may make regulations with respect to fixing and requiring the pay- ment of fees and expenses to

(a)

witnesses called, and interpreters

arranged, bye-the prosecution

(i)   in criminal trials and criminal appeal proceedings in the Supreme Court and in criminal trials in The District Court of Western Australia established under the District Court of Western Australia Act, 1969; and

(ii)    in paoceedings in a Summary Court::against a person charged with an offence on a complaint by a public official acting or

1975.] Evidence. [No. 61.

purporting to act by virtue of his office, and in proceedings on appeal therefrom;

and

(b)

witnesses and interpreters at inquests

held under the Coroners Act, 1920.

(3) The regulations made under this

section

(a) may require that any information or account required to be given or furnished thereunder shall be verified by statutory declaration; and

(b) may confer a discretionary authority.. (4) Where a fee or an allowance required to be paid pursuant to the regulations made. under this section is with respect to pro- ceedings of a kind mentioned in subpara- graph (ii) of paragraph (a) of subsection (2) of this section in which the complainant was a person employed by a municipality within the meaning of the Local Government Act, 1960, or any other statutory body, or was another person acting as agent of or under the instruc- tions of such a person or body, the fee or allow- ance shall be paid by that body and shall be recoverable as a civil debt, but in all other cases a fee or allowance required to be paid pursuant to the regulations made under this section shall be paid out of Consolidated Revenue. .