Evidence (Miscellaneous Provisions) Amendment Act 2003 (ACT)

Evidence (Miscellaneous Provisions) Amendment Act 2003

A2003-48

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Acts and regulations amended  2

4. Part 4  2

Schedule 1Evidence (Miscellaneous Provisions) Act 1991—consequential and technical amendments 31

Schedule 2Consequential amendments  38

Part 2.1Commercial Arbitration Act 1986  38

Part 2.2Confiscation of Criminal Assets Act 2003                  38

Part 2.3Coroners Act 1997  38

Part 2.4Court Security Act 2001  39

Part 2.5Discrimination Act 1991  39

Part 2.6Evidence Act 1971  40

Part 2.7Guardianship and Management of Property Act 1991     40

Part 2.8Magistrates Court Act 1930  40

Part 2.9Magistrates Court (Civil Jurisdiction) Act 1982           41

Part 2.10Mental Health (Treatment and Care) Act 1994             41

Part 2.11Protection Orders Regulations 2002  42

Part 2.12Residential Tenancies Act 1997  43

Part 2.13Royal Commissions Act 1991  43

Part 2.14Supreme Court Act 1933  43

Evidence (Miscellaneous Provisions) Amendment Act 2003

A2003-48

An Act to amend the Evidence (Miscellaneous Provisions) Act 1991, and for other purposes

Notified under the Legislation Act 2001 on 31 October 2003

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Evidence (Miscellaneous Provisions) Amendment Act 2003.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Acts and regulations amended

4. This Act (other than schedule 2) amends the Evidence (Miscellaneous Provisions) Act 1991.

   NoteThe Act is also amended in sch 1.

5. Schedule 2 amends the Acts and regulations mentioned in it.

6. Part 4

   substitute

Part 4Evidence in criminal proceedings

Division 4.1               Preliminary

1. Meaning of sexual offence in pt 4

   In this part:

   sexual offence means an offence against the Crimes Act 1900, part 3 (Sexual offences).

   NoteThe Legislation Act, s 189 provides that a reference to an offence against a Territory law includes a reference to an offence against the Criminal Code, pt 2.4 (Extensions of criminal responsibility) or the Crimes Act 1900, s 181 (Accessory after the fact) that relates to the Territory law.

Division 4.2               Sexual offence proceedings—general

1. Meaning of complainant and sexual offence proceeding for div 4.2

2. For this division, the complainant, in relation to a sexual offence proceeding, is the person, or any of the people, against whom a sexual offence the subject of the proceeding is alleged, or has been found, to have been committed.

3. For this division, a sexual offence proceeding is––

   (a)a proceeding for a sexual offence; or

   (b)a proceeding in relation to bail for a person…