Evidence (Consequential Amendments) Act 2001 (TAS)

Evidence (Consequential Amendments) Act 2001

An Act to amend certain Acts and regulations consequent to the enactment of the Evidence Act 2001

[Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Evidence (Consequential Amendments) Act 2001 . 2CommencementThis Act commences on a day to be proclaimed. 3Consequential amendmentsThe legislation specified in Schedule 1 is amended as specified in that Schedule. Schedule 1Consequential Amendments

Section 3

1.    Section 46 is amended by omitting "in accordance with the provisions of section 132 of the Evidence Act 1910 " from paragraph (a) of the definition of statutory declaration and substituting "in accordance with the Oaths Act 2001 ". 1.    Section 37 is amended by omitting subsection (2) and substituting the following subsections: (2)  A judge or magistrate may order the Director to bring a prisoner or detainee before the judge or magistrate to give evidence. (3)  The Director is to comply with an order as soon as practicable. (4)  Before making an order under subsection (2) , a judge or magistrate may require an applicant to deposit sufficient money to pay all the expenses involved in bringing the prisoner or detainee before the court and maintaining the prisoner or detainee from the time the prisoner or detainee leaves until the time of return to prison or remand. 2.   After section 37 , the following section is inserted in Part 5: 37APresence at taking of certain depositions If a prisoner or detainee has received notice of an intention to take the deposition of a person dangerously ill and unable to travel, the Director, at the request of a judge or magistrate, may require the prisoner or detainee to be present at a specified place for the taking of the deposition. 1.    Section 14 is amended by omitting " section 103AB of the Evidence Act 1910 " and substituting " section 194K of the Evidence Act 2001 ". 1.    Schedule 1 is amended as follows: (a) by omitting from section 88 "provisions of the Evidence Act 1910 " and substituting " Evidence Act 2001 and the Oaths Act 2001 "; (b) by omitting from section 101 "licensed under the provisions of the Evidence Act 1910 ,"; (c) by omitting from section 361A(a) " section 109 of the Evidence Act 1910 " and substituting " section 184 of the Evidence Act 2001 "; (d) by omitting subsection (1) from section 377 and substituting the following subsection: (1) If a judge makes an order under section 53(1) of the Evidence Act 2001 , the judge, subject to section 55(4) of that Act, may direct that the jury, at any time before their verdict is given, is to be taken under the charge of officers of the court or police officers to view the demonstration or experiment or undertake the inspection. (e) by omitting from section 377(2) "and to show them such place or thing"; (f) by omitting from Form VI of Appendix D "such places and things as have been directed by His Honour the Judge to be shown to them" and substituting "demonstrations and experiments or assist the jury to undertake all inspections as have been directed by His Honour the Judge". 1.    Section 4 is amended by omitting subsections (5) and (6) . 2.    Section 8 is repealed. 1.    Section 159 is amended by omitting subsection (3) and substituting the following subsection: (3)  In this section – document means a mortgage or collateral security; machine copy, in relation to a document, means a copy of the document made by – (a) a machine in which, or a process by which, a latent image of the contents of the document is produced from surface contact with the document or by the use of photosensitive material other than transparent photographic film; or (b) the electrostatic process known as Xerography or any similar process; reproduction, in relation to a document, means – (a) a machine copy of the document; or (b) a print made from a transparency of the document; transparency, in relation to a document, means – (a) a developed negative or positive photograph of that document (in this definition referred to as an original photograph) made on a transparent base by means of light reflected from, or transmitted through, the document; or (b) a copy of an original photograph made by the use of photosensitive material on a transparent base placed in surface contact with the original photograph; or (c) any one of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material on a transparent base placed in surface contact with a copy referred to in paragraph (b) , and each succeeding copy in the series being made in the same manner from any preceding copy in the series. 1.   After section 10 , the following section is inserted in Division 2: 10AEvidence Act 2001 to operate The provisions of this Division do not affect the operation of the Evidence Act 2001 . 1.    Section 23(4) is amended by omitting " Section 60 of the Evidence Act 1910 " and substituting " Section 177A of the Evidence Act 2001 ". 1.    Section 11(12) is amended by omitting " section 96 (2) of the Evidence Act 1910 " and substituting " section 127A of the Evidence Act 2001 ". 1.    Section 139 is amended by omitting " section 135 of the Evidence Act 1910 " and substituting " section 194B of the Evidence Act 2001 ". 1.    Section 34 is amended by omitting subsection (3) and substituting the following subsection: (3)  In this section, transparency, in relation to any dealing, map, plan or document, means – (a) a developed negative or positive photograph of that dealing, map, plan or document (in this definition referred to as an original photograph) made on a transparent base by means of light reflected from, or transmitted through, the dealing, map, plan or document; or (b) a copy of an original photograph made by the use of photosensitive material on a transparent base placed in surface contact with the original photograph; or (c) any one of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material on a transparent base placed in surface contact with a copy referred to in paragraph (b) , and each succeeding copy in the series being made in the same manner from any preceding copy in the series. 2.    Section 37 is amended as follows: (a) by omitting the definition of machine copy from subsection (3) and substituting the following definition: machine copy, in relation to a public record, means a copy of the record made by – (a) a machine in which, or a process by which, a latent image of the contents of the document is produced from surface contact with the document or by the use of photosensitive material other than transparent photographic film; or (b) the electrostatic process known as Xerography or any similar process; (b) by omitting the definition of transparency from subsection (3) and substituting the following definition: transparency, in relation to a public record, means transparency as defined in section 34(3) . (c) by omitting subsection (4) . 3.    Section 38 is repealed. 1.    Regulation 3 is amended as follows: (a) by inserting the following definition after the definition of Act : document means a document, dealing, instrument, plan or diagram; (b) by omitting " Fee Units Act 1997 ." from the definition of Fee units and substituting " Fee Units Act 1997 ;"; (c) by inserting the following definitions after the definition of Fee units : machine copy, in relation to a document, means a copy of the document made by – (a) a machine in which, or a process by which, a latent image of the contents of the document is produced from surface contact with the document or by the use of photosensitive material other than transparent photographic film; or (b) the electrostatic process known as Xerography or any similar process; transparency, in relation to a document, means – (a) a developed negative or positive photograph of that document (in this definition referred to as an original photograph) made on a transparent base by means of light reflected from, or transmitted through, the document; or (b) a copy of an original photograph made by the use of photosensitive material on a transparent base placed in surface contact with the original photograph; or (c) any one of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material on a transparent base placed in surface contact with a copy referred to in paragraph (b) , and each succeeding copy in the series being made in the same manner from any preceding copy in the series. 2.    Schedule 1 is amended by omitting from item 6 "under section 68B of the Evidence Act 1910 ". 1.    Section 3 is amended by omitting paragraph (b) from the definition of document and substituting: (b) anything on which any material has been recorded in a manner that, by the use of any device or instrument, it may be reproduced in a manner suitable for human perception; 1.    Regulation 6 is amended by omitting subregulation (6) and substituting the following subregulation: (6)  The provisions of sections 15 , 16 , 22 , 23 , 25 , 26 and 27 of the Commissions of Inquiry Act 1995 apply in any appeal before a Full Bench as if the Full Bench were a Commission established under section 4 of that Act. 1.    Section 3 is amended by omitting " section 122I(1) of the Evidence Act 1910 " from the definition of special witness and substituting " section 8 of the Evidence (Children and Special Witnesses) Act 2001 ". 2.    Section 11 is amended as follows: (a) by omitting from subsection (1)(d) " section 122E or 122I(2)(b)(i) of the Evidence Act 1910 " and substituting " section 4 or section 8(2)(b)(i) of the Evidence (Children and Special Witnesses) Act 2001 "; (b) by omitting from subsection (2) " sections 122E and 122I of the Evidence Act 1910 " and substituting " sections 4 and 8 of the Evidence (Children and Special Witnesses) Act 2001 ". 1.    Section 58(6) is amended by omitting " section 96 (2) of the Evidence Act 1910 " and substituting " section 127A of the Evidence Act 2001 ". 1.    Section 71(b) is amended by omitting " section 60 of the Evidence Act 1910 " and substituting " section 177A of the Evidence Act 2001 ". 2.    Section 78(1)(c) is amended by omitting " section 60 of the Evidence Act 1910 " and substituting " section 177A of the Evidence Act 2001 ". 1.    Section 3(1) is amended as follows: (a) by omitting the definition of machine copy and substituting the following definition: machine copy, in relation to a document that is a power of attorney, means a copy of the document made by – (a) a machine in which, or a process by which, a latent image of the contents of the document is produced from surface contact with the document or by the use of photosensitive material other than transparent photographic film; or (b) the electrostatic process known as Xerography or any similar process; (b) by omitting the definition of transparency and substituting the following definition: transparency, in relation to a document that is a power of attorney, means – (a) a developed negative or positive photograph of that document (in this definition referred to as an original photograph) made on a transparent base by means of light reflected from, or transmitted through, the document; or (b) a copy of an original photograph made by the use of photosensitive material on a transparent base placed in surface contact with the original photograph; or (c) any one of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material on a transparent base placed in surface contact with a copy referred to in paragraph (b) , and each succeeding copy in the series being made in the same manner from any preceding copy in the series. 2.    Section 6 is amended by omitting subsection (3) . 3.    Section 7 is repealed. 1.    Section 7(11) is amended by omitting " Division III of Part II of the Evidence Act 1910 " and substituting " Section 2A of the Parliamentary Privilege Act 1957 ". 1.    Section 22(2) is amended by omitting " Sections twenty-three and twenty-four of the Evidence Act 1910 , with the necessary alterations, are hereby" and substituting " Section 2A of the Parliamentary Privilege Act 1957 is". 1.    Section 43A is amended by omitting subsection (5) . 1.    Section 29A is amended by omitting " Section 60 of the Evidence Act 1910 " and substituting " Section 177A of the Evidence Act 2001 ". 1.    Section 32(2)(d) is amended by omitting "pursuant to the provisions of the Evidence Act 1910 " and substituting "under the Evidence Act 2001 ". 1.    Section 43Q is amended by omitting " Evidence Act 1910 " and substituting " Evidence Act 2001 ". 2.    Section 58(4) is amended by omitting "appointed by the Governor under Division 2 of Part II of the Evidence Act 1910 " and substituting "established under the Commissions of Inquiry Act 1995 ". 1.    Schedule 1 is amended by omitting "the manner specified in section 68E (2) of the Evidence Act 1910 " from clause 9(9) of Part 2 and substituting "a manner he or she considers appropriate". 1.    Section 30 is amended as follows: (a) by omitting from subsection (1)(f) " section 122E or 122I(2)(b)(i) of the Evidence Act 1910 " and substituting " section 4 or section 8(2)(b)(i) of the Evidence (Children and Special Witnesses) Act 2001 "; (b) by omitting from subsection (2) " sections 122E and 122I of the Evidence Act 1910 " and substituting " sections 4 and 8 of the Evidence (Children and Special Witnesses) Act 2001 ".

[Second reading presentation speech made in:

House of Assembly on 3 OCTOBER 2001

Legislative Council on 6 NOVEMBER 2001]