Evidence Amendment (Prescribed State or Territory Provisions) Regulation 2011 (NSW)

2011 No 5

New South Wales

Evidence Amendment (Prescribed

State or Territory Provisions)

Regulation 2011

under the

Evidence Act 1995

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Evidence Act 1995.

JOHN HAZISTERGOS, MLC

Attorney General

Explanatory note
Sections 128 (12)–(14) and 128A (11)–(13) of the Evidence Act 1995 provide for the recognition in NSW courts of certificates given under other laws that are declared by the regulations to be prescribed State or Territory provisions and that are to the same effect as certificates given under sections 128 and 128A of the Evidence Act 1995. The certificates concerned confer use and derivative use immunity in respect of self-incriminating evidence and information. The object of this Regulation is to amend the Evidence Regulation 2010 to declare certain provisions to be such prescribed State or Territory provisions.

This Regulation is made under the Evidence Act 1995, including sections 128 (13), 128A (12) and 197 (the general regulation-making power).

Published LW 14 January 2011	Page 1
2011 No 5	Evidence Amendment (Prescribed State or Territory Provisions) Regulation
Clause 1	2011

Evidence Amendment (Prescribed State or Territory

Provisions) Regulation 2011

under the

Evidence Act 1995

1      Name of Regulation

This Regulation is the Evidence Amendment (Prescribed State or
Territory Provisions) Regulation 2011.

2      Commencement

This Regulation commences on 14 January 2011 and is required to be published on the NSW legislation website.

Evidence Amendment (Prescribed State or Territory Provisions) Regulation	2011 No 5
2011
Amendment of Evidence Regulation 2010	Schedule 1
Schedule 1	Amendment of Evidence Regulation 2010

Clause 7A

Insert after clause 7:

7A	Self incrimination certificates—declaration of prescribed State or Territory provisions
(1) For the purposes of section 128 (13) of the Act, the following provisions are declared to be prescribed State or Territory provisions:

section 128 of the Evidence Act 2004 of Norfolk Island
section 128 of the Evidence Act 2001 of Tasmania
section 57 of the Coroners Act 2008 of Victoria
section 128 of the Evidence Act 2008 of Victoria
section 47 of the Coroners Act 1996 of Western Australia

section 11 of the Evidence Act 1906 of Western Australia

(2)	For the purposes of section 128A (12) of the Act, the following provisions are declared to be prescribed State or Territory provisions:
section 128A of the Evidence Act 2001 of Tasmania section 128A of the Evidence Act 2008 of Victoria