Evidence Regulation 1992 (ACT)

Evidence Regulation 1992 (repealed)   

SL1992-9

made under the

Evidence Act 1971

Republication No 4

Effective:  23 December 2005

Republication date: 23 December 2005

As repealed by A2005-60 s 4

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Evidence Regulation 1992 (repealed), made under the Evidence Act 1971, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 23 December 2005. 

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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

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 Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Evidence Regulation 1992 (repealed)

made under the

Evidence Act 1971

Contents

Page

1. Name of regulation  2

Endnotes

1. About the endnotes  3

2. Abbreviation key  3

3. Legislation history  4

4. Amendment history  5

5. Earlier republications  5

Evidence Regulation 1992 (repealed)

made under the

Evidence Act 1971

1. Name of regulation

   This regulation is the Evidence Regulation 1992.

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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   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

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

1. Legislation history

   This regulation was originally called the Evidence Regulations and was originally made under a Commonwealth ordinance—the Evidence Ordinance 1971 No 4 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Evidence Ordinance 1971 and the Evidence Regulations 1992 were converted into ACT enactments on 1 July 1992 under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth). (The Australian Capital Territory (Self-Government) Regulations1989 No 86 (Cwlth) added the Evidence Ordinance 1971 to the list of ordinances that were to be converted into ACT enactments on 1 July 1992.)

   As with most ordinances in force in the ACT, the name of the ordinance was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on its conversion to an ACT enactment on 1 July 1992.

   This regulation was renamed under the Legislation Act 2001.

   Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Subordinate Laws Act 1989 s 6).

   Evidence Regulation 1992 No 9

   notified 17 June 1992

   commenced 17 June 1992

   as amended by

   Legislation (Consequential Amendments) Act 2001 No 44 pt 135

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 135 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.15

   notified LR 1 December 2005
   s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))

   sch 1 pt 1.15 commenced 22 December 2005 (s 2 (4))

   as repealed by

   Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 s 4

   notified LR 1 December 2005
   s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))

   s 4 commenced 22 December 2005 (s 2 (4))

2. Amendment history

   Name of regulation

   s 1am R1 LA; R2 LA

   Judicial authorities—Act, s 57, def judicial authority

   s 2 hdgam A2005-60 amdt 1.81

   s 2om Act 2001 No 44 amdt 1.1579

   ins Act 2001 No 44 amdt 1.1580

   am A2005-60 amdt 1.81

   reloc to Court Procedures Regulation 2004 as s 5 by

   
   

   A2005-60 amdt 1.82

   Judicial authorities—part 12A of the ordinance

   s 3om Act 2001 No 44 amdt 1.1580

3. 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 1 Aug 2002	12 Sept 2001– 3 Nov 2004	A2001-44	amendments by A2001-44
R2 4 Nov 2004	4 Nov 2004– 21 Dec 2005	A2001-44	editorial amendments under Legislation Act
R3 22 Dec 2005	22 Dec 2005– 22 Dec 2005	A2005-60	amendments by A2005-60