Evidence (Amendment) Act 1999 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Evidence (Amendment) Act 1999

No. 21 of 1999

An Act to amend the Evidence Act 1971

[Notified in ACT Gazette S16: 14 April 1999]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Evidence (Amendment) Act 1999.

2. Commencement

3. Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

4. The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.

5. If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

6. Principal Act

   In this Act, “Principal Act” means the Evidence Act 1971.1

7. Insertion

   After Part XII of the Principal Act the following Part is inserted:

“part XIIAA—use of audio VISUAL LINKS and audio links

“Division 1—Preliminary

“85AA. Interpretation

In this Part, unless the contrary intention appears—

‘audio link’ means a system of 2-way communication linking different places so that a person speaking at any 1 of them can be heard at the other;

‘audio visual link’ means a system of 2-way communication linking different places so that a person at any 1 of them can be seen and heard at the other;

‘participating State’ means another State in which provisions of an Act in terms substantially corresponding to this Part are in force;

‘recognised court’ means a court or tribunal of a participating State that is authorised by the provisions of an Act of that State in terms substantially corresponding to this Part to direct that evidence be taken or a submission made by audio link or audio visual link from the Territory;

‘State’ includes Territory;

‘Territory court’ means—

(a)a court constituted under a law of the Territory;

(b)a Royal Commission appointed under the Royal Commissions Act 1994;

(c)a Judicial Commission appointed under the Judicial Commissions Act 1994;

(d)a tribunal of the Territory; or

(e)an arbitrator or an umpire conducting proceedings in accordance with the Commercial Arbitration Act 1986;

‘tribunal’, in relation to a State, means a person or body authorised by or under a law of the State to take evidence on oath or affirmation.

“85AB. Transitional

This Part applies in relation to all proceedings, including—

(a)proceedings pending at the commencement of this Part; and

(b)proceedings commenced after the commencement of this Part that arise from circumstances, matters or events that occurred before that commencement.

“85AC. Application of Part

This Part is not intended to exclude or limit the operation of any law of the Territory that makes provision for the taking of evidence or making of a submission outside the Territory for the purposes of a proceeding in the Territory.

“Division 2—Use of interstate audio visual links or…