Evidence (Miscellaneous Provisions) Regulation 2009 (ACT)

Evidence (Miscellaneous Provisions) Regulation 2009   

SL2009-23

made under the

Evidence (Miscellaneous Provisions) Act 1991

Republication No 5

Effective:  9 March 2020

Republication date: 9 March 2020

Last amendment made by A2019‑41

About this republication

The republished law

This is a republication of the Evidence (Miscellaneous Provisions) Regulation 2009, made under the Evidence (Miscellaneous Provisions) Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 March 2020.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 9 March 2020. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Evidence (Miscellaneous Provisions) Regulation 2009

made under the

Evidence (Miscellaneous Provisions) Act 1991

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

2            Dictionary  2

3            Notes  2

Part 2      Witness intermediaries

3A          Intermediaries administrator—Act, s 4AG (2), definition of intermediaries administrator 3

3B          Prescribed witnesses—Act, s 4AK (1)  3

Part 3      Sexual, violent and family violence offence proceedings

4            Prescribed person—Act, s 51 (1) and (3)  4

5            Responsible person—Act, s 53 (4) (b)  4

Dictionary5

Endnotes

1            About the endnotes  6

2            Abbreviation key  6

3            Legislation history  7

4            Amendment history  8

5            Earlier republications  9

Evidence (Miscellaneous Provisions) Regulation 2009

made under the

Evidence (Miscellaneous Provisions) Act 1991

Part 1Preliminary

1. Name of regulation

   This regulation is the Evidence (Miscellaneous Provisions) Regulation 2009.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Witness intermediaries

3AIntermediaries administrator—Act, s 4AG (2), definition of intermediaries administrator

The intermediaries administrator is the victims of crime commissioner.

3BPrescribed witnesses—Act, s 4AK (1)

(1)The following witnesses are prescribed:

(a)a child complainant in a sexual offence proceeding;

(b)a child in a serious violent offence proceeding involving the death of a person.

(2)In this section:

child, in a proceeding, see the Act, section 42.

complainant, in relation to a proceeding for an offence—see the Act, section 42.

serious violent offence proceeding––see the Act, section 40.

sexual offence proceeding––see the Act, section 41.

Part 3Sexual, violent and family violence offence proceedings

1. Prescribed person—Act, s 51 (1) and (3)

   (1)For the Act, section 51 (1) and (3), a prescribed person is—

   (a)a police officer who has completed training in the making of audiovisual recordings of witnesses answering questions in relation to the investigation of sexual or violent offences; or

   (b)for an audiovisual recording of a witness in a proceeding mentioned in the Act, section 41 (b) and (c)—a police officer; or

   (c)an intermediary.

   (2)The training mentioned in subsection (1) (a) may be completed—

   (a)in the ACT or elsewhere; and

   (b)before or after the commencement of this section.

   (3)In this section:

   police officer includes a person who is a member of the police force of a State or another Territory if—

   (a)provisions of the law of that State or Territory correspond (or substantially correspond) to the Act, division 4.3.3 (Special requirements—audiovisual recording of police interview); and

   (b)the person is trained in the taking of evidence under those provisions.

2. Responsible person—Act, s 53 (4) (b)

   For the Act, section 53 (4) (b), a prescribed position is the Superintendent of Prosecution and Judicial Support.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following term:

·     victims of crime commissioner.

Note 3Terms used in this regulation have the same meaning that they have in the Evidence (Miscellaneous Provisions) Act 1991 (see Legislation Act, s 148). For example, the following term is defined in the Evidence (Miscellaneous Provisions) Act 1991, dict:

·     intermediary (see s 4AG).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Evidence (Miscellaneous Provisions) Regulation 2009 SL2009-23

   notified LR 28 May 2009
   s 1, s 2 commenced 28 May 2009 (LA s 75 (1))
   remainder commenced 30 May 2009 (s 2 and see Sexual and Violent Offences Legislation Amendment Act 2008 A2008-41, s 2 and CN2009-3)

   as amended by

   Crimes (Domestic and Family Violence) Legislation Amendment Act 2015 A2015-40 sch 1 pt 1.9

   notified LR 4 November 2015
   s 1, s 2 commenced 4 November 2015 (LA s 75 (1))
   sch 1 pt 1.9 commenced 4 May 2016 (s 2 (2))

   Royal Commission Criminal Justice Legislation Amendment Act 2018 A2018-46 pt 5

   notified LR 4 December 2018
   s 1, s 2 commenced 4 December 2018 (LA s 75 (1))
   pt 5 commenced 5 December 2018 (s 2)

   Evidence (Miscellaneous Provisions) Amendment Act 2019 A2019-41 pt 3

   notified LR 31 October 2019
   s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
   s 3 commenced 31 January 2020 (s 2 and CN2020-2)
   s 9, s 10, s 11 (so far as it ins pt 2 hdg, s 3A), ss 12-14 commenced 31 January 2020 (s 2 and CN2020-2)
   pt 3 remainder commenced 9 March 2020 (s 2 and CN2020-4)

2. Amendment history

   Preliminary

   pt 1 hdgins A2019‑41 s 9

   Dictionary

   s 2om LA s 89 (4)

   ins A2019‑41 s 10

   Witness intermediaries

   pt 2 hdgins A2019‑41 s 11

   Intermediaries administrator—Act, s 4AG (2), definition of intermediaries administrator

   s 3Ains A2019‑41 s 11

   Prescribed witnesses—Act, s 4AK (1)

   s 3Bins A2019‑41 s 11

   Sexual, violent and family violence offence proceedings

   pt 3 hdgins A2019‑41 s 12

   Prescribed person—Act, s 51 (1) and (3)

   s 4am A2015-40 amdt 1.15

   sub A2018‑46 s 54

   am A2019‑41 s 13

   Responsible person—Act, s 53 (4) (b)

   s 5sub A2018‑46 s 54

   Dictionary

   dictins A2019‑41 s 14

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 30 May 2009	30 May 2009– 3 May 2016	not amended	new regulation
R2 4 May 2016	4 May 2016– 4 Dec 2018	A2015-40	amendments by A2015-40
R3 5 Dec 2018	5 Dec 2018– 30 Jan 2020	A2018‑46	amendments by A2018‑46
R4 31 Jan 2020	31 Jan 2020– 8 Mar 2020	A2019‑41	amendments by A2019‑41