Untitled document
Evidence Amendment Regulations 2012
S.R. No. 149/2012
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Self-incrimination certificates
9APrivilege against self-incrimination—State and
Territory provisions
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ENDNOTES
STATUTORY RULES 2012
S.R. No. 149/2012
Evidence Act 2008
Evidence Amendment Regulations 2012
The Governor in Council makes the following Regulations:
Dated: 11 December 2012
Responsible Minister:
ROBERT CLARK
Attorney-GeneralMATTHEW McBEATH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to declare certain provisions of laws of a State or Territory to be prescribed State or Territory provisions for the purposes of sections 128(12) and 128A(11) of the Evidence Act 2008.
2Authorising provision
These Regulations are made under section 197 of the Evidence Act 2008.
3Commencement
These Regulations come into operation on 1 January 2013.
4Self-incrimination certificates
After regulation 9 of the Evidence Regulations 2009[1] insert—
"9A Privilege against self-incrimination—State and Territory provisions
(1)For the purposes of section 128(12) of the Act, the following provisions are declared to be prescribed State or Territory provisions—
(a)section 128 of the Evidence Act 2004 of the Territory of Norfolk Island;
(b)section 128 of the Evidence Act 2001 of Tasmania;
(c)section 47 of the Coroners Act 1996 of Western Australia;
(d)section 11 of the Evidence Act 1906 of Western Australia;
(e)section 128 of the Evidence Act 2011 of the Australian Capital Territory;
(f)section 128 of the Evidence Act 1995 of New South Wales.
(2)For the purposes of section 128A(11) of the Act, the following provisions are declared to be prescribed State or Territory provisions—
(a)section 128A of the Evidence Act 2001 of Tasmania;
(b)section 128A of the Evidence Act 2011 of the Australian Capital Territory;
(c)section 128A of the Evidence Act 1995 of New South Wales.".
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ENDNOTES
[1] Reg. 4: S.R. No. 162/2009.
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