Evidence (Transitional Provisions and Consequential Amendments) Act 1995
No. 3 of 1995
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—REPEALS
3. Repeals
PART 3—TRANSITIONAL PROVISIONS
4. Proceedings already begun
5. Prior operation of notification provisions
6. Proof of voluminous or complex documents
7. Notices for the purposes of sections 97 and 98 of the Evidence Act 1995
8. Requests under section 167 of the Evidence Act 1995
9. Approval of persons for the purposes of section 171 of the Evidence Act 1995
10. Requests under section 173 of the Evidence Act 1995
TABLE OF PROVISIONS—continued
Section
11. Agreements under section 191 of the Evidence Act 1995
12. Identifications already carried out
13. Cautioning of persons
14. Amendments made by this Act
PART 4—CONSEQUENTIAL AMENDMENTS
15. Meaning of service by post
16. Application of Crimes Act and Evidence Act
17. Identification parades
18. Identification by means of photographs
19. Cautioning persons under arrest
20. Right to remain silent etc. not affected
21. Oaths and affirmations
22. Rules of Court
23. Oaths and affirmations
24. Oaths and affirmations
25. Judicial notice of signature of Secretary
26. Judicial notice of signature of Secretary
27. Other consequential amendments
SCHEDULE
OTHER CONSEQUENTIAL AMENDMENTS
Acts Interpretation Act 1901
Defence Act 1903
Disability Services Act 1986
Federal Airports Corporation Act 1986
Fisheries Management Act 1991
Fishing Industry Research and Development Act 1987
Health Insurance Act 1973
Liquefied Petroleum Gas (Grants) Act 1980
Liquid Fuel Emergency Act 1987
National Health Act 1953
Nuclear Non-Proliferation (Safeguards) Act 1987
Nursing Homes Assistance Act 1974
States Grants (Petroleum Products) Act 1965
Telecommunications (Interception) Act 1979
Torres Strait Fisheries Act 1984
Evidence (Transitional Provisions and Consequential Amendments) Act 1995
No. 3 of 1995
An Act to repeal provisions of the Evidence Act 1905, to repeal the State and Territorial Laws and Records Recognition Act 1901 and to make transitional provisions and certain amendments consequential upon the enactment of the Evidence Act 1995
[Assented to 23 February 1995]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Evidence (Transitional Provisions and Consequential Amendments) Act 1995.
Commencement
2.(1) This Part and Parts 2 and 3 commence on the day on which this Act receives the Royal Assent.
(2) Section 15 of this Act commences on the day on which section 160 of the Evidence Act 1995 commences.
(3) Subject to subsection (4) of this section, subsection 16(1) commences on a day to be fixed by Proclamation.
(4) A Proclamation is not to be made under subsection (3) of this section until the law of each State and the law of the Northern Territory have been amended to the effect that the provisions of the Evidence Act 1995 referred to in subsection 16(1) of this Act apply, for the purposes of the ASC Law, as a law of that State or the Northern Territory (as the case requires).
(5) Subsection 16(2) commences on the day on which the…
Overview
The Evidence (Transitional Provisions and Consequential Amendments) Act 1995 was enacted by the Parliament of Australia to address the need for transitional and consequential amendments in light of the new Evidence Act 1995. This Act repeals certain provisions of the Evidence Act 1905 and the State and Territorial Laws and Records Recognition Act 1901, while also making specific transitional provisions and consequential amendments to various other Acts to ensure a smooth transition to the new legal framework. The policy objective of this Act is to provide a seamless transition from the old evidentiary laws to the new regime established by the Evidence Act 1995, ensuring that proceedings already in motion are not disrupted and that the new legislation is effectively integrated into existing legal processes.
The Act includes provisions that ensure the continued operation of certain repealed provisions in ongoing proceedings, manages the proof of voluminous or complex documents, and adjusts various notices and requests to accommodate the new legislative framework. Additionally, it makes consequential amendments to other Acts to align them with the new Evidence Act, such as modifying the meaning of service by post, adjusting the application of the Crimes Act and Evidence Act, and making specific changes to the rules governing identification parades and the cautioning of persons under arrest. By doing so, the Act aims to maintain legal certainty and coherence across the Australian legal system during the transition to the new evidentiary standards.
Scope and Application
The Evidence (Transitional Provisions and Consequential Amendments) Act 1995 applies to various existing laws and proceedings to facilitate the transition from the Evidence Act 1905 to the Evidence Act 1995. It primarily affects entities and persons involved in legal proceedings, including the courts, law enforcement agencies, and those engaged in civil or criminal litigation. The Act is also applicable to documents, identification processes, and notices already in progress at the time of the new Evidence Act's enactment. Geographically, the Act operates at the Commonwealth level, influencing federal legal proceedings and processes. The transitional provisions in Part 3 ensure that proceedings already underway continue to adhere to the old law, while consequential amendments in Part 4 update various other Acts to align with the new Evidence Act. Certain provisions of the Evidence Act 1905 and the State and Territorial Laws and Records Recognition Act 1901 are repealed, with specific timelines determined by proclamation. The Act does not specify any exclusions or exemptions but ensures that the amendments do not affect proceedings already commenced, maintaining continuity in legal processes during the transition.
Key Provisions
- The Evidence (Transitional Provisions and Consequential Amendments) Act 1995 is structured to facilitate the transition from the Evidence Act 1905 to the new Evidence Act 1995, while also addressing consequential amendments necessary due to the changes. The Act includes repeals of certain sections of the Evidence Act 1905 and the State and Territorial Laws and Records Recognition Act 1901, and introduces transitional provisions to ensure a smooth changeover. For example, Section 4 provides that the new Evidence Act 1995 does not apply to proceedings that began before its commencement, maintaining the applicability of the repealed provisions during such ongoing proceedings. Section 5 allows documents given before the commencement of certain notification provisions to be considered as if they were given under those provisions, provided they were served in accordance with the requirements that would have applied after commencement.
- The Act imposes specific obligations on parties involved in legal proceedings. It mandates that notices, requests, and approvals made before the commencement of certain sections of the Evidence Act 1995 are considered valid, as outlined in Sections 7, 8, 9, and 10. For example, Section 7 specifies that notices given before the commencement of subsection 67(1) of the Evidence Act 1995 are taken to have been given under that subsection, with specific timelines provided for objections or requests in relation to such notices. Furthermore, Section 12 exempts identifications made before the commencement of Sections 114 and 115 of the Evidence Act 1995 from the application of those sections.
- There are also provisions addressing offences, penalties, and consequences for non-compliance with the Act. However, the Act itself does not explicitly state penalties for breaches of its provisions. Instead, the penalties and consequences would typically be found in the relevant Acts that are amended or repealed by this Act. For instance, amendments to the Crimes Act 1914 and other related Acts include specific provisions for offences and penalties, such as the requirement to caution a person under arrest unless they cannot hear adequately (Section 19) and the consequences of failing to do so. Similarly, consequential amendments to various Acts, as detailed in the Schedule, may include provisions for offences and penalties relevant to those Acts.
- Overall, the Evidence (Transitional Provisions and Consequential Amendments) Act 1995 ensures a structured transition from the old evidentiary framework to the new one, while also addressing the necessary legal adjustments across various statutes to accommodate the changes brought by the new Evidence Act 1995.
- Area of Law
- Evidence Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Transitional Provisions
- Consequential Amendments
- Repeal & Amendment
