Untitled document
Statute Law Amendment (Evidence Consequential Provisions) Act 2009
No. 69 of 2009
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of the Evidence Act 1958
3Change of short title
4Repeal of certain provisions of Division 1 of Part I
5Repeal of Division 2 of Part I
6Repeal of Division 4 of Part I
7Repeal of Division 1 of Part II
8Amendment of Division 2 of Part II
9Amendment of Division 3 of Part II
10Amendment of Division 3AA of Part II
11Repeal of Division 4 of Part II
12Repeal of Division 1 of Part III
13Repeal of Division 2 of Part III
14Amendment of Division 2A of Part III
15Repeal of Division 3 of Part III
16Repeal of Division 3A of Part III
17Amendment of Division 4 of Part III
18Repeal of certain sections of Division 5 of Part III
19Section 74 substituted
74Evidence of contents of will
20Repeal of Division 5A of Part III
21Repeal of certain sections of Division 6 of Part III
22Sections 80 and 81 substituted
80Judicial notice of certain seals etc
81Effect of judicial or official notice
23Repeal of Division 7 of Part III
24Repeal of Division 8 of Part III
25New section 89F inserted
89FDivision to be in addition to Evidence Act 2008
26Repeal of Part IIIA
27Division 2 of Part IV substituted
Division 2—Oaths and affirmations
100Application of Division
101Manner of administration of oaths and affirmations
102Choice of oath or affirmation
103Requirements for oaths
104Affirmations in writing
28Sections 127 and 128 substituted
127Certain provisions of Part IV apply to certain
attestations128Attestations etc. before a justice
29Forgery and similar offences
30Repeal of certain sections of Part VIII
31Section 149A substituted
149AAdmissions of fact in confiscation proceedings
32Regulations
33Repeal of certain sections of Part VIII
34Insertion of new sections 161 and 162
161Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
162Transitional provision—interpretation of references
35Amendment to Second Schedule
36Substitution of Third Schedule
THIRD SCHEDULE
Part 1—Form of Oath and Affirmation
Form of oath
Form of affirmation
Part 2—Affirmations in Writing
Form of commencement of written affirmation
Form in lieu of jurat
Part 3—Amendment of Crimes Act 1958
37Husband and wife
38Evidence of financial position of company
39Definitions
40Destruction of evidence
41Trial where accused has previous convictions
42Admissibility of propensity evidence
43The accused, husbands and wives as witnesses for the defence; evidence of character of the accused
44Wife or husband etc. of the accused to be competent and compellable witness
45Provision for simplifying proof of previous offences
46Determination of age
47Depositions on one charge may be read in prosecution of
others48Issue of warrant when witness does not appear
49View
50Right to remain silent etc. not affected
51New section 613 inserted
613Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
Part 4—Amendments to the Evidence Act 2008
52Unavailability of persons
53New Schedule 2 inserted
SCHEDULE 2—Transitional Provisions
Part 1—General
1Definitions
2Application of this Act on commencement day
3Application of section 128A
4Application of Part 3.10 to disclosure requirements
5Identifications already carried out
6Documents and evidence produced before commencement day by processes, machines and other devices
7Documents attested and verified before the commencement day
8Matters of official record published before the commencement day
9Agreed facts
10Application of Act to improperly or illegally obtained evidence
Part 2—Application of Notification Provisions
11Notification provisions
12Notice of intention to adduce hearsay evidence
13Notice of intention to adduce evidence as to tendency
or coincidence14Time limits for making requests
15Requests under section 173
16Proof of voluminous or complex documents
Part 5—Miscellaneous
54Consequential amendments to other Acts
55Repeal of amending Act
__________________
SCHEDULE
Part 1—Consequential Amendments
1Accident Compensation Act 1985
2Australia and New Zealand Banking Group Act 1970
3Australia and New Zealand Banking Group Limited
(NMRB) Act 19914Bail Act 1977
5Bank Integration Act 1992
6Charities Act 1978
7Children, Youth and Families Act 2005
8Commissioner for Law Enforcement Data Security
Act 20059Confiscation Act 1997
10Construction Industry Long Service Leave Act 1997
11Coroners Act 2008
12County Court Act 1958
13Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
14Criminal Procedure Act 2009
15Dangerous Goods Act 1985
16Disability Act 2006
17Duties Act 2000
18Electoral Act 2002
19Electricity Industry (Residual Provisions) Act 1993
20Emerald Tourist Railway Act 1977
21Equipment (Public Safety) Act 1994
22Family Violence Protection Act 2008
23Film Act 2001
24Food Act 1984
25Food Amendment (Regulation Reform) Act 2009
26Freedom of Information Act 1982
27Gambling Regulation Act 2003
28Gas Industry (Residual Provisions) Act 1994
29Health Records Act 2001
30Health Services Act 1988
31Health Services (Conciliation and Review) Act 1987
32House Contracts Guarantee Act 1987
33Juries Act 2000
SCHEDULE 3—Swearing of Jurors on Empanelment
Oaths by jurors—Criminal Trial
Oaths by jurors—Civil Trial
Affirmations by jurors—Criminal Trial
Affirmations by jurors—Civil Trial
SCHEDULE 4—Swearing of Jurykeepers
Oaths by jurykeepers
Affirmations by jurykeepers
SCHEDULE 5—Swearing of Jurors Separating During Deliberations
Oaths by jurors
Affirmations by jurors
34Magistrates' Court Act 1989
35Major Crime (Investigative Powers) Act 2004
36Marine Act 1988
37Mineral Resources (Sustainable Development) Act 1990
38National Australia Bank and Bank of New Zealand
Act 199739National Mutual Royal Savings Bank Limited (Merger) Act 1987
40Occupational Health and Safety Act 2004
41Petroleum (Submerged Lands) Act 1982
42Police Integrity Act 2008
65APerson may be examined without summons
43Port Services Act 1995
44Project Development and Construction Management Act 1994
45Prostitution Control Act 1994
46Public Administration Act 2004
47Public Health and Wellbeing Act 2008
48Public Records Act 1973
49Rail Corporations Act 1996
50Road Safety Act 1986
51Sentencing Act 1991
52Stalking Intervention Orders Act 2008
53State Bank (Succession of Commonwealth Bank) Act 1990
54Survey Co-ordination Act 1958
21BCertified copies of certain maps and documents to be prima facie evidence
55Terrorism (Community Protection) Act 2003
56The Commercial Bank of Australia Limited (Merger) Act 1982
57The Commercial Banking Company of Sydney Limited (Merger) Act 1982
58Transfer of Land Act 1958
59Transport Accident Act 1986
60Victims of Crime Assistance Act 1996
61Victorian Plantations Corporation Act 1993
62Water Act 1989
63Water Industry Act 1994
64Westpac and Bank of Melbourne (Challenge Bank)
Act 199665Whistleblowers Protection Act 2001
66Wills Act 1997
67Workers Compensation Act 1958
68Working with Children Act 2005
Part 2—Substitution of references to "Evidence Act 1958"
1Accident Compensation Act 1985
2Administration and Probate Act 1958
3Ambulance Services Act 1986
4Appeal Costs Act 1998
5Architects Act 1991
6Bail Act 1977
7Building Act 1993
8Bus Safety Act 2009
9Charities Act 1978
10Children, Youth and Families Act 2005
11Constitution Act 1975
12Co-operative Housing Societies Act 1958
13Coroners Act 2008
14Corrections Act 1986
15Country Fire Authority Act 1958
16County Court Act 1958
17Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
18Criminal Procedure Act 2009
19Disability Act 2006
20Education and Training Reform Act 2006
21Firearms Act 1996
22Fisheries Act 1995
23Gambling Regulation Act 2003
24Health Professions Registration Act 2005
25Health Services Act 1988
26Health Services (Conciliation and Review) Act 1987
27Infertility Treatment Act 1995
28Instruments Act 1958
29Interpretation of Legislation Act 1984
30Juries Act 2000
31Local Government Act 1989
32Magistrates' Court Act 1989
33Major Transport Projects Facilitation Act 2009
34Marine Act 1988
35Metropolitan Fire Brigades Act 1958
36Mineral Resources (Sustainable Development) Act 1990
37Ombudsman Act 1973
38Police Regulation Act 1958
39Public Administration Act 2004
40Public Health and Wellbeing Act 2008
41Public Transport Competition Act 1995
42Rail Safety Act 2006
43Religious and Successory Trusts Act 1958
44Retail Leases Act 2003
45Securities Industry Act 1975
46Securities Industry (Application of Laws) Act 1981
47State Electricity Commission Act 1958
48Supreme Court Act 1986
49Surveillance Devices Act 1999
50Surveying Act 2004
51Telecommunications (Interception) (State Provisions) Act 1988
52Terrorism (Community Protection) Act 2003
53Transport Act 1983
54Veterinary Practice Act 1997
55Victims of Crime Assistance Act 1996
56Victoria Grants Commission Act 1976
57Victorian Civil and Administrative Tribunal Act 1998
58Whistleblowers Protection Act 2001
59Wrongs Act 1958
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Endnotes
Statute Law Amendment (Evidence Consequential Provisions) Act 2009
No. 69 of 2009
[Assented to 24 November 2009]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are to revise the statute law of Victoria as a consequence of the enactment of the Evidence Act 2008 and to make other amendments to that Act and for other purposes.
2Commencement
(1)This Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2010, it comes into operation on that day.
__________________
Part 2—Amendment of the Evidence Act 1958
3Change of short title
In section 1 of the Evidence Act 1958, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
4Repeal of certain provisions of Division 1 of Part I
Section 5 of the Evidence Act 1958 is repealed.
5Repeal of Division 2 of Part I
Division 2 of Part I of the Evidence Act 1958 is repealed.
6Repeal of Division 4 of Part I
Division 4 of Part I of the Evidence Act 1958 is repealed.
7Repeal of Division 1 of Part II
Division 1 of Part II of the Evidence Act 1958 is repealed.
8Amendment of Division 2 of Part II
(1)Sections 26 and 27 of the Evidence Act 1958 are repealed.
(2)Insert the following heading to section 28 of the Evidence Act 1958—
"Confessions to doctors".
(3)Section 28(1) of the Evidence Act 1958 is repealed.
(4)Section 29 of the Evidence Act 1958 is repealed.
(5)Sections 31, 32 and 32A of the Evidence Act 1958 are repealed.
(6)In section 32G(1) of the Evidence Act 1958—
(a)in paragraph (a)—
(i)omit "37,";
(ii)omit ", 39 or 40";
(b)after paragraph (a) insert—
"(ba)section 41, 103 or 127 of the Evidence Act 2008; or".
9Amendment of Division 3 of Part II
Sections 33, 34, 35, 36, 37, 38, 39, 40 and 41 of the Evidence Act 1958 are repealed.
10Amendment of Division 3AA of Part II
Sections 41C and 41F of the Evidence Act 1958 are repealed.
11Repeal of Division 4 of Part II
Division 4 of Part II of the Evidence Act 1958 is repealed.
12Repeal of Division 1 of Part III
Division 1 of Part III of the Evidence Act 1958 is repealed.
13Repeal of Division 2 of Part III
Division 2 of Part III of the Evidence Act 1958 is repealed.
14Amendment of Division 2A of Part III
(1)Sections 53, 53A, 53B, 53C, 53D, 53E, 53F, 53G, 53H, 53J, 53K, 53L, 53M, 53N, 53P, 53R, 53S and 53T of Division 2A of Part III of the Evidence Act 1958 are repealed.
(2)In section 53Q of the Evidence Act 1958, after "section 53C" and after "said section" insert
"(as in force immediately before its repeal)".
15Repeal of Division 3 of Part III
Division 3 of Part III of the Evidence Act 1958 is repealed.
16Repeal of Division 3A of Part III
Division 3A of Part III of the Evidence Act 1958 is repealed.
17Amendment of Division 4 of Part III
Sections 60, 61, 62, 63, 64, 65, 66, 67, 68 and 69 of Division 4 of Part III of the Evidence Act 1958 are repealed.
18Repeal of certain sections of Division 5 of Part III
Sections 72, 73 and 75 of the Evidence Act 1958 are repealed.
19Section 74 substituted
For section 74 of the Evidence Act 1958 substitute—
"74 Evidence of contents of will
The probate of a will or codicil or letters of administration with the will or codicil annexed (obtained or having operation in Victoria) is evidence of the contents of the will or codicil.".
20Repeal of Division 5A of Part III
Division 5A of Part III of the Evidence Act 1958 is repealed.
21Repeal of certain sections of Division 6 of Part III
Sections 76, 77, 78 and 79 of the Evidence Act 1958 are repealed.
22Sections 80 and 81 substituted
For sections 80 and 81 of the Evidence Act 1958 substitute—
"80 Judicial notice of certain seals etc
If it is provided by a subordinate instrument that a court or person acting judicially must or may take judicial notice of any seal, stamp, signature or any other matter or thing, then the court or person acting judicially must or may take judicial or official notice of the seal, stamp, signature or other matter or thing.
81Effect of judicial or official notice
If a court or person acting judicially takes judicial or official notice, under section 80, of a seal or signature attached or appended to a document, the court or person must presume—
(a)that the seal or signature was properly attached or appended at the time and place (if any) purporting to be the time and place at which it was so attached or appended; and
(b)that there was jurisdiction or authority to sign or seal the document at that time and place; and
(c)that the document is what, on its construction, it purports to be; and
(d)that the document is a valid and subsisting document.".
23Repeal of Division 7 of Part III
Division 7 of Part III of the Evidence Act 1958 is repealed.
24Repeal of Division 8 of Part III
Division 8 of Part III of the Evidence Act 1958 is repealed.
25New section 89F inserted
After section 89E of the Evidence Act 1958 insert—
"89F Division to be in addition to Evidence Act 2008
This Division applies in relation to any civil proceeding in addition to any provision of the Evidence Act 2008 that applies in relation to that proceeding.".
26Repeal of Part IIIA
Part IIIA of the Evidence Act 1958 is repealed.
27Division 2 of Part IV substituted
For Division 2 of Part IV of the Evidence Act 1958 substitute—
"Division 2—Oaths and affirmations
100Application of Division
This Division does not apply to an oath or affirmation made by a witness in a proceeding or by a person acting as an interpreter in a proceeding to which the Evidence Act 2008 applies.
101Manner of administration of oaths and affirmations
(1)A person may take an oath, or make an affirmation in accordance with the appropriate form set out in Part 1 of the Third Schedule or in a similar form.
(2)Such an affirmation has the same effect for all purposes as an oath.
(3)An oath or affirmation may be administered to and taken, or made, by 2 or more persons at the same time.
102Choice of oath or affirmation
(1)A person who is required to take an oath may choose whether to take an oath or to make an affirmation.
(2)The officer administering the oath or affirmation is to inform the person that he or she has this choice, unless the officer is satisfied that the person has already been informed or knows that he or she has the choice.
(3)The officer administering the oath or affirmation may direct the person to make an affirmation if—
(a)the person refuses to choose whether to take an oath or make an affirmation; or
(b)it is not reasonably practicable for the person to take an appropriate oath.
(4)In this Division—
officer includes any person duly authorised to administer oaths and any person administering oaths under the direction of any court or any person acting judicially.
103Requirements for oaths
(1)It is not necessary that a religious text be used in taking an oath.
(2)An oath is effective even if the person who took it did not have a religious belief or did not have a religious belief of a particular kind.
104Affirmations in writing
An affirmation in writing must commence and use the form in lieu of jurat set out in Part 2 of the Third Schedule.".
28Sections 127 and 128 substituted
For sections 127 and 128 of the Evidence Act 1958 substitute—
"127 Certain provisions of Part IV apply to certain attestations
(1)Divisions 6, 9 and 10 of Part IV extend to the following—
(a)the taking of a recognisance of bail;
(b)an attestation, verification, acknowledgement or signature in relation to any document required, authorised or permitted, by or under any Act or otherwise to be attested, verified, acknowledged or signed;
(c)the doing of a notarial act—
subject to the modification that for words relating the administration of oaths and the taking of affidavits there should be substituted words relating the doing of the relevant act set out in paragraph (a), (b) or (c).
(2)Subsection (1) does not apply—
(a)to any matter or thing that is required to be attested, verified, acknowledged or signed before a court or a judge; or
(b)if there is a contrary intention expressed in relation to the action.
(3)In this section, notarial act includes an act of attestation or verification by a public notary in accordance with a requirement by or under an Act of Parliament or otherwise.
128Attestations etc. before a justice
(1)If, by or under an Act of Parliament or subordinate instrument, a document is required, authorised or permitted to be attested or verified by, or acknowledged or signed before a justice of the peace, it is sufficient compliance with the requirement for a justice of the peace (or an equivalent office holder)—
(a)in another State or a Territory of the Commonwealth; or
(b)in any part of Her Majesty's dominions—
to have carried out the action.
(2)All courts and persons acting judicially must take judicial or official notice of a signature of a justice of the peace (or an equivalent office holder)—
(a)in another State or a Territory of the Commonwealth; or
(b)in any part of Her Majesty's dominions—
if the signature is attached or appended to a document and the place where the signature was so attached or appended purports to be shown.".
29Forgery and similar offences
(1)In section 142 of the Evidence Act 1958—
(a)in paragraph (a), after "any provision of this Act" insert ", or the Evidence Act 2008";
(b)in paragraph (b), after "any provision of this Act" insert ", or the Evidence Act 2008";
(c)in paragraph (c), after "any provision of this Act" insert ", or the Evidence Act 2008,".
(2)In section 143 of the Evidence Act 1958, after "any provision of this Act" insert ", or the Evidence Act 2008,".
30Repeal of certain sections of Part VIII
Sections 146, 147, 148 and 149 of the Evidence Act 1958 are repealed.
31Section 149A substituted
For section 149A of the Evidence Act 1958 substitute—
"149A Admissions of fact in confiscation proceedings
Subject to the express provisions of any Act, but despite any rule of law or procedure or any practice to the contrary, the accused person in any proceedings under the Confiscation Act 1997 may make an admission of any fact or matter that is relevant in the proceedings and any person acting judicially may accept the admission as sufficient evidence of that fact or matter without further proof unless he or she is of the opinion that it would be contrary to the interests of justice to do so having regard to all the circumstances of the case.".
32Regulations
In section 152(1) of the Evidence Act 1958—
(a)in paragraph (b), for "Court; and" substitute "Court.";
(b)paragraph (c) is repealed.
33Repeal of certain sections of Part VIII
Sections 149AB, 149B, 149C, 150, 153, 154, 156, 157 and 158 of the Evidence Act 1958 are repealed.
34Insertion of new sections 161 and 162
After section 160 of the Evidence Act 1958 insert—
"161 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
(1)This Act, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, applies to any proceeding commenced on or after the day that Act commences.
(2)In the case of any proceeding that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 commenced, this Act, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, applies to that part of the proceeding that takes place on or after that day, other than a hearing in the proceeding to which subsection (3) applies.
(3)This Act as in force immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 continues to apply to any hearing in a proceeding that commenced before the day that Act commenced and that—
(a)continues on or after that day; or
(b)was adjourned until that day or a day after that day.
162Transitional provision—interpretation of references
A reference in any other Act (other than this Act) or in any instrument made under any Act or in any other document of any kind to a provision of the Evidence Act 1958 that is not repealed by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, is to be taken to be a reference to the provision of the same number in the Evidence (Miscellaneous Provisions) Act 1958, so far as it applies to any period on or after the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009.".
35Amendment to Second Schedule
In the Second Schedule to the Evidence Act 1958, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
36Substitution of Third Schedule
For the Third Schedule to the Evidence Act 1958 substitute—
"THIRD SCHEDULE
Part 1—Form of Oath and Affirmation
Form of oath
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that (followed by the words of the oath prescribed or allowed by law).
Form of affirmation
I solemnly and sincerely declare and affirm that (followed by the words of the oath prescribed or allowed by law).
Part 2—Affirmations in Writing
Form of commencement of written affirmation
I, (name of person making affirmation) of (address of person making affirmation), do solemnly and sincerely affirm.
Form in lieu of jurat
Affirmed at (place where affirmed), this (date affirmed) day of (month and year), before me.
__________________".
__________________
Part 3—Amendment of Crimes Act 1958
37Husband and wife
Section 95(2) of the Crimes Act 1958 is repealed.
38Evidence of financial position of company
Section 192 of the Crimes Act 1958 is repealed.
39Definitions
In section 253 of the Crimes Act 1958, in the definition of legal proceeding, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
40Destruction of evidence
In section 254 of the Crimes Act 1958, for the first note at the foot of subsection (1) substitute—
"1 Document is defined in the Evidence Act 2008.".
41Trial where accused has previous convictions
(1)In section 395(2) of the Crimes Act 1958, for "may, subject to subsection (4)," substitute "may".
(2)For section 395(3) of the Crimes Act 1958 substitute—
"(3)In subsection (2) certified statement of conviction means a certificate referred to in section 178(2) of the Evidence Act 2008.".
(3)Sections 395(4), (5) and (7) of the Crimes Act 1958 are repealed.
42Admissibility of propensity evidence
Section 398A of the Crimes Act 1958 is repealed.
43The accused, husbands and wives as witnesses for the defence; evidence of character of the accused
Section 399 of the Crimes Act 1958 is repealed.
44Wife or husband etc. of the accused to be competent and compellable witness
Section 400 of the Crimes Act 1958 is repealed.
45Provision for simplifying proof of previous offences
Section 401 of the Crimes Act 1958 is repealed.
46Determination of age
Section 411 of the Crimes Act 1958 is repealed.
47Depositions on one charge may be read in prosecution of others
Section 413 of the Crimes Act 1958 is repealed.
48Issue of warrant when witness does not appear
Section 415 of the Crimes Act 1958 is repealed.
49View
Section 419 of the Crimes Act 1958 is repealed.
50Right to remain silent etc. not affected
In section 464J of the Crimes Act 1958, after paragraph (b) insert—
"(ba)the onus on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or".
51New section 613 inserted
After section 612 of the Crimes Act 1958 insert—
"613 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
(1)This Act, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, applies to any proceeding commenced on or after the day that Act commences.
(2)In the case of any proceeding that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 commenced, this Act, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, applies to that part of the proceeding that takes place on or after that day, other than a hearing in the proceeding to which subsection (3) applies.
(3)This Act as in force immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 continues to apply to any hearing in a proceeding that commenced before the day that Act commenced and that—
(a)continues on or after that day; or
(b)was adjourned until that day or a day after that day.".
__________________
Part 4—Amendments to the Evidence Act 2008
52Unavailability of persons
In clause 4(1) of Part 2 of the Dictionary to the Evidence Act 2008—
(a)in paragraph (f), for "success." substitute "success; or";
(b)after paragraph (f) insert—
"(g)the person is mentally or physically unable to give evidence and it is not reasonably practicable to overcome that inability.".
53New Schedule 2 inserted
After Schedule 1 to the Evidence Act 2008 insert—
"SCHEDULE 2
Transitional Provisions
Part 1—General
1Definitions
In this Schedule—
commencement day means the day this Act (other than Part 1 and the Dictionary) commences.
2Application of this Act on commencement day
(1)Except as otherwise provided by this Schedule, this Act applies to any proceeding (within the operation of section 4) commenced on or after the commencement day.
(2)Except as otherwise provided by this Schedule, in the case of any proceeding (within the operation of section 4) that commenced before the commencement day, this Act applies to that part of the proceeding that takes place on or after the commencement day, other than any hearing in the proceeding that commenced before the commencement day and—
(a)continued on or after the commencement day; or
(b)was adjourned until the commencement day or a day after the commencement day.
3Application of section 128A
Section 128A does not apply to an order made before the commencement day that would, if it were made after the commencement day, be a disclosure order within the meaning of that section.
4Application of Part 3.10 to disclosure requirements
(1)Part 3.10 does not apply in respect of—
(a)a process or order of the court that requires the disclosure of information or a document issued or ordered before the commencement day that would, if it were issued or ordered after the commencement day, be a disclosure requirement within the meaning of section 131A; or
(b)a summons or subpoena issued on or after the commencement day to give evidence or produce documents at a hearing to which clause 2(2)(a) or (b) applies.
(2)Despite subclause (1)(a), Part 3.10 applies to a summons or subpoena to give evidence issued before the commencement day if the evidence is to be given at a hearing to which this Act applies.
5Identifications already carried out
(1)Section 114 does not apply in relation to an identification made before the commencement day.
(2)Section 115 does not apply in relation to an identification made before the commencement day.
6Documents and evidence produced before commencement day by processes, machines and other devices
(1)Section 146 has effect on and from the commencement day with respect to the production of a document or thing that occurred before the commencement day.
(2)Section 147 has effect on and from the commencement day with respect to the production of a document that occurred before the commencement day.
7Documents attested and verified before the commencement day
(1)Section 148 has effect on and from the commencement day with respect to the attestation, verification, signing or acknowledgement of a document that occurred before the commencement day.
(2)Section 149 has effect on and from the commencement day with respect to the attestation or signing of a document that occurred before the commencement day.
8Matters of official record published before the commencement day
(1)Section 153 has effect on and from the commencement day with respect to the publication of a document referred to in that section that occurred before the commencement day.
(2)Section 154 has effect on and from the commencement day with respect to the publication of a document referred to in that section that occurred before the commencement day.
(3)Section 155 has effect on and from the commencement day with respect to the signing and sealing or certification of a document referred to in that section that occurred before the commencement day.
(4)Section 156 has effect on and from the commencement day with respect to the sealing or certification of a document referred to in that section that occurred before the commencement day.
(5)Section 157 has effect on and from the commencement day with respect to the sealing or signing of a document referred to in that section that occurred before the commencement day.
(6)Section 158 has effect on and from the commencement day with respect to the sealing or signing and sealing of a public document referred to in that section that occurred before the commencement day.
(7)Section 159 has effect on and from the commencement day with respect to the publication of a document referred to in that section that occurred before the commencement day.
9Agreed facts
The reference in section 191(3)(a) to an agreement is taken on and from the commencement day to include a reference to an agreement entered into before the commencement day under section 149AB(3) of the Evidence Act 1958, as in force immediately before its repeal.
10Application of Act to improperly or illegally obtained evidence
Section 139 does not apply in relation to a statement made or an act done before the commencement day.
Part 2—Application of Notification Provisions
11Notification provisions
(1)If, before the commencement day, a document of a kind referred to in a notification provision is given or served—
(a)in the circumstances provided for in that provision; and
(b)in accordance with such requirements (if any) as would apply to the giving or serving of the document under that provision on and after its commencement—
on and from the commencement day the document is taken to have been given or served in accordance with that provision.
(2)The following sections are notification provisions for the purposes of subclause (1)—
(a)section 33(2)(c);
(b)section 49(a);
(c)section 50(2)(a);
(d)section 67(1);
(e)section 68(2);
(f)section 73(2)(b);
(g)section 97;
(h)section 98;
(i)sections 168(1), (3), (5) and (6);
(j)section 173(1);
(k)sections 177(2) and 177(5).
12Notice of intention to adduce hearsay evidence
If a notice given before the commencement day is taken, by the operation of clause 11, to have been given under section 67(1), the period for an objection to be made under section 68 to the tender of evidence to which the notice relates is the later of the period ending—
(a)7 days after the commencement day; or
(b)21 days after the notice was given to the party concerned.
13Notice of intention to adduce evidence as to tendency or coincidence
(1)References in sections 97(1)(a) and 98(1)(a) to giving notice are taken to include references to giving notice of the kind referred to in those sections before the commencement day.
(2)Despite clause 11(1)(b), a notice of a kind referred to in section 97 or 98 given before the commencement day is taken to have been given in accordance with any regulations or rules made for the purposes for section 99.
14Time limits for making requests
(1)A request made before the commencement day that would, if it were made after the commencement day be a request under section 167, is taken to be such a request.
(2)If a notice given before the commencement day is taken, by the operation of clause 11, to have been given under section 168(1) or (3), the period for a request to be made under section 168(1) or (3) is the later of the period ending—
(a)7 days after the commencement day; or
(b)21 days after the notice was given to the party concerned.
(3)If a copy of a document served before the commencement day is taken, by the operation of clause 11, to have been served under section 168(5) or (6), the period for a request to be made under section 168(5) or (6) is the later of the period ending—
(a)7 days after the commencement day; or
(b)21 days after the document was served on the party concerned.
(4)If a request made under section 168 was received before the commencement day, in determining what is a reasonable time after receiving a request for the purposes of section 169(2), the court may take into account time passed before the commencement day.
15Requests under section 173
A request made before the commencement day that would, if it were made after the commencement day be a request under section 173(2), is taken to be such a request.
16Proof of voluminous or complex documents
If a court has given a direction under section 42B of the Evidence Act 1958, as in force immediately before its repeal, and a party has been provided with a copy of the evidence in the form specified in that direction, the party is taken, for the purposes of section 50(2)(b), to have been given a reasonable opportunity to examine or copy documents.
__________________".
__________________
Part 5—Miscellaneous
54Consequential amendments to other Acts
On the coming into operation of an item in the Schedule, the Act referred to in the heading to that item is amended as set out in that item.
55Repeal of amending Act
This Act is repealed on 1 January 2011.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
__________________
SCHEDULE
Part 1—Consequential Amendments
1Accident Compensation Act 1985
1.1After section 44(4) insert—
"(5)Nothing in subsection (1) prevents the application of Part 3.10 of the Evidence Act 2008 to the proceedings.".
2Australia and New Zealand Banking Group Act 1970
2.1For section 7(2) substitute—
"(2)In this section document has the same meaning as in the Evidence Act 2008.".
2.2For section 19(2) substitute—
"(2)In this section document has the same meaning as in the Evidence Act 2008.".
2.3Sections 8 and 20 are repealed.
3Australia and New Zealand Banking Group Limited (NMRB) Act 1991
3.1For section 10(2) substitute—
"(2)Without limiting subsection (1), the books of account of NMRB are for the purposes of the Evidence Act 2008 deemed to form part of the records belonging to or kept by ANZ.".
3.2For section 18(2) substitute—
"(2)Without limiting subsection (1), the books of account of NMR Savings Bank are for the purposes of the Evidence Act 2008 deemed to form part of the records belonging to or kept by ANZ Savings Bank.".
3.3For section 19(2) substitute—
"(2)Without limiting subsection (1), the books of account of NMR Savings Bank are for the purposes of the Evidence Act 2008 deemed to form part of the records belonging to or kept by ANZ.".
3.4Sections 10(3), 18(3) and 19(3) are repealed.
4Bail Act 1977
4.1At the end of section 8 insert—
"(2)Nothing in subsection (1)(a) prevents the application of Part 3.10 of the Evidence Act 2008.".
5Bank Integration Act 1992
5.1In section 20(1)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)after "day" insert "as if those books of account and entries were business records".
5.2Section 20(2) is repealed.
6Charities Act 1978
6.1In section 8, in the definition of document, for "Evidence Act 1958" substitute "Evidence Act 2008".
7Children, Youth and Families Act 2005
7.1In the heading to section 199, after "privilege" insert "and client legal privilege".
7.2In section 199, after "privilege" insert "or client legal privilege".
7.3At the end of section 215 insert—
"(7)Nothing in subsection (1)(d) prevents the application of Part 3.10 of the Evidence Act 2008.".
7.4In section 234(1)(b), after "privilege" insert
"or client legal privilege".
7.5After section 520(6) insert—
"(6A)To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Koori Court (Criminal Division) in considering the sentence to impose on an offender under this section, unless the Koori Court (Criminal Division) directs, in accordance with section 4(2) of the Evidence Act 2008, that that Act applies.".
7.6At the end of section 520E insert—
"(6)To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Neighbourhood Justice Division in considering the sentence to impose on an offender under this section, unless the Neighbourhood Justice Division directs, in accordance with section 4(2) of the Evidence Act 2008, that that Act applies.".
7.7Section 532(14)(a) is repealed.
7.8After section 607 insert—
"607A Transitional provisions—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
(1)Section 215, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, does not apply to a hearing in the Family Division that commenced before the day that Act commenced and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.
(2)Sections 520(6A) and 520E(6) do not apply to a sentencing hearing that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 commenced and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
8Commissioner for Law Enforcement Data Security Act 2005
8.1In section 12(3)(b), after "privilege" insert
"or client legal privilege".
9Confiscation Act 1997
9.1In section 33(4), after "subject to" insert "Part 3.10 of the Evidence Act 2008 and".
9.2In section 59(4), after "subject to" (where first occurring) insert "Part 3.10 of the Evidence Act 2008 and".
9.3In section 64(3), after "subject to" (where first occurring) insert "Part 3.10 of the Evidence Act 2008 and".
10Construction Industry Long Service Leave Act 1997
10.1In section 38(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
10.2Section 38(3) is repealed.
11Coroners Act 2008
11.1For section 62(2) substitute—
"(2)Parts II, IIA and III of the Evidence (Miscellaneous Provisions) Act 1958 do not apply to the Coroners Court.".
11.2After section 62(2) insert—
"(3)Except as otherwise provided in this Act, the Evidence Act 2008 does not apply to the Coroners Court.".
11.3In section 63(2), for "section 55AB of the Evidence Act 1958" substitute "sections 65(3), 65(4) and 65(6) of the Evidence Act 2008".
11.4After section 74 insert—
"74A Power of coroner to pay witness allowances and expenses
If the coroner determines that a witness or an interpreter is entitled to payment of an allowance or reimbursement of expenses in relation to an inquest, the coroner may, in accordance with the rules, determine an amount to be paid to the witness or interpreter.".
11.5After section 105(1)(b) insert—
"(ba)any matter relating to payment of allowances or reimbursement of expenses of witnesses and interpreters;".
11.6In Schedule 1, after clause 19 insert—
"20 Transitional provisions—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
(1)If an investigation or inquest has commenced but is not completed immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009—
(a)this Act as in force immediately before that commencement continues to apply to the investigation or inquest on and after that commencement and a reference to a provision of the Evidence Act 1958 is a reference to that provision as in force immediately before that commencement; and
(b)the Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004, as in force before the repeal of section 152(1)(c) of the Evidence Act 1958, continue to apply to the investigation or inquest.
(2)If the hearing of an inquest referred to in clause 7(1) or the hearing of an application referred to in clause 8(1) is not completed immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009—
(a)the old Act as in force immediately before that commencement continues to apply to the hearing of the inquest or application on and after that commencement and a reference to a provision of the Evidence Act 1958 is a reference to that provision as in force immediately before that commencement; and
(b)the Evidence (Crown Witnesses Allowances and Expenses) Regulations 2004, as in force before the repeal of section 152(1)(c) of the Evidence Act 1958, continue to apply to the inquest or application.".
12County Court Act 1958
12.1After section 4G(5) insert—
"(6)To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Koori Court Division in considering the sentence to impose on an offender under this section, unless the Koori Court Division directs, in accordance with section 4(2) of the Evidence Act 2008, that that Act applies.".
12.2After section 93 insert—
"94 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
Section 4G, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, does not apply to a sentencing hearing that commenced before the day that Act commenced and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
13Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
13.1After section 11(1) insert—
"(1A)Nothing in subsection (1) prevents the application of Part 3.10 of the Evidence Act 2008 to an investigation, and for the purposes of the application of Part 3.10 the investigation is taken to be a criminal proceeding.".
13.2At the end of section 38 insert—
"(2)Nothing in subsection (1) prevents the application of Part 3.10 of the Evidence Act 2008 to a hearing, and for the purposes of the application of Part 3.10 the investigation is taken to be a criminal proceeding.".
14Criminal Procedure Act 2009
14.1In section 134(1)(b), omit "warrant to arrest or".
14.2At the end of section 134 insert—
"Note
Section 194 of the Evidence Act 2008 provides for the court to issue a warrant to apprehend a witness who does not attend court.".
14.3In section 382(7), for "sections 55B(5) and" substitute "section".
15Dangerous Goods Act 1985
15.1In the second note at the foot of section 13C, after "legal professional privilege" insert "or client legal privilege".
15.2For the heading to Division 12 of Part II substitute—
"Division 12—Protections concerning self‑incrimination, legal professional privilege and client legal privilege".
15.3In the heading to section 19G, after "privilege" insert "and client legal privilege".
15.4In sections 19G(a) and 19G(b), after "privilege" insert "or client legal privilege".
16Disability Act 2006
16.1In section 123(2)(a), after "privilege" insert
"or client legal privilege".
16.2In section 124(10), after "privilege" insert
"or client legal privilege".
16.3In the heading to section 215, after "privilege" insert "or client legal privilege".
16.4In section 215, after "privilege" insert "or client legal privilege".
17Duties Act 2000
17.1Section 174(3) is repealed.
18Electoral Act 2002
18.1At the end of section 127 insert—
"(2)Part 3.10 of the Evidence Act 2008 applies to proceedings in the Court of Disputed Returns.".
19Electricity Industry (Residual Provisions) Act 1993
19.1In section 75(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
19.2In section 110(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
19.3In section 128(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
19.4In section 147(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
19.5In section 153N(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
19.6In section 153TK(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
19.7In section 153TZB(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
19.8Sections 75(3), 110(3), 128(3), 147(3), 153N(3), 153TK(3) and 153TZB(3) are repealed.
20Emerald Tourist Railway Act 1977
20.1In section 38(9), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958 or the Evidence Act 2008".
21Equipment (Public Safety) Act 1994
21.1In the second note at the foot of section 14B, after "legal professional privilege" insert "or client legal privilege".
21.2For the heading to Division 12 of Part 3 substitute—
"Division 12—Protections concerning self-incrimination, legal professional privilege and client legal privilege".
21.3In the heading to section 23A, after "privilege" insert "and client legal privilege".
21.4In sections 23A(a) and 23A(b), after "legal professional privilege" insert "or client legal privilege".
22Family Violence Protection Act 2008
22.1After section 20(3) insert—
"(3A)Despite anything to the contrary in subsection (3), Part 3.10 of the Evidence Act 2008 applies in respect of an application made by telephone, fax or other electronic communication.".
22.2For section 65(2) and the note at the foot of that section substitute—
"(2)The following provisions apply to a proceeding for a family violence intervention order—
(a)sections 13 and 41 and Part 3.10 of the Evidence Act 2008;
(b)Division 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958.
Note
Section 13 of the Evidence Act 2008 provides for circumstances in which a person lacks capacity to give evidence. Section 41 of the Evidence Act 2008 provides for the court's powers to disallow improper questions. Part 3.10 of the Evidence Act 2008 provides for the application of privileges. Division 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958 provides for confidential communications in relation to proceedings with respect to sexual offences.".
22.3After section 67(2) insert—
"(3)This section applies despite anything to the contrary in the Evidence Act 2008.".
22.4After section 224 insert—
"Division 4—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
224ATransitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
(1)Section 20(3A) applies to an application for an interim order made under section 20 on or after the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009.
(2)Sections 65 and 67, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, do not apply to a hearing in a proceeding that commenced before the day that Act commenced and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
23Film Act 2001
23.1In section 53(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies"; and
(b)for "property." substitute "property, as if those books of account and entries were business records.".
23.2Section 53(3) is repealed.
24Food Act 1984
24.1After section 42(3) insert—
"(4)Nothing in subsection (2)(b) prevents the application of Part 3.10 of the Evidence Act 2008.".
25Food Amendment (Regulation Reform) Act 2009
25.1In section 12, after proposed section 19BA(4) insert—
"(5)Nothing in subsection (2)(b) prevents the application of Part 3.10 of the Evidence Act 2008.".
26Freedom of Information Act 1982
26.1In section 32(1), after "privilege" insert "or client legal privilege".
27Gambling Regulation Act 2003
27.1In section 10.2A.11(3)(b), after "privilege" insert "or client legal privilege".
28Gas Industry (Residual Provisions) Act 1994
28.1In section 81(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
28.2In section 126(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
28.3Sections 81(3) and 126(3) are repealed.
29Health Records Act 2001
29.1In the heading to section 96, after "privilege" insert "and client legal privilege".
29.2In sections 96(a) and 96(b), after "privilege" insert "or client legal privilege".
29.3In clause 6.1(c) of Schedule 1, after "privilege" insert "or client legal privilege".
30Health Services Act 1988
30.1In section 65K(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "section 65C." substitute "section 65C, as if those books of account and entries were business records.".
30.2In section 203(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "section 181." substitute "section 181, as if those books of account and entries were business records.".
30.3In section 218(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
30.4In section 260(3)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "liabilities." substitute "liabilities, as if those books of account and entries were business records.".
30.5Sections 65K(3), 203(3), 218(3) and 260(4) are repealed.
31Health Services (Conciliation and Review) Act 1987
31.1In sections 26(2)(a) and 27(10)(a), after "privilege" insert "or client legal privilege".
32House Contracts Guarantee Act 1987
32.1In section 63(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "Division." substitute "Division, as if those books of account and entries were business records.".
33Juries Act 2000
33.1For Schedule 3 substitute—
"SCHEDULE 3
Section 42
Swearing of Jurors on Empanelment
Oaths by jurors—Criminal Trial
You (or, if more than one person takes the oath, you and each of you) swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that you will faithfully and impartially try the issues between the Crown and [name of accused] in relation to all charges brought against [name of accused] in this trial and give a true verdict according to the evidence.
Oaths by jurors—Civil Trial
You (or, if more than one person takes the oath, you and each of you) swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that you will faithfully and impartially try the issues and assess the damages in the cause brought before you for trial or inquiry and give a true verdict according to the evidence.
Affirmations by jurors—Criminal Trial
You (or, if more than one person affirms, you and each of you) solemnly and sincerely declare and affirm that you will faithfully and impartially try the issues between the Crown and [name of accused] in relation to all charges brought against [name of accused] in this trial and give a true verdict according to the evidence.
Affirmations by jurors—Civil Trial
You (or, if more than one person affirms, you and each of you) solemnly and sincerely declare and affirm that you will faithfully and impartially try the issues and assess the damages in the cause brought before you for trial or inquiry and give a true verdict according to the evidence.
__________________".
33.2For Schedule 4 substitute—
"SCHEDULE 4
Section 49
Swearing of Jurykeepers
Oaths by jurykeepers
You (and, if more than one person takes the oath, each of you) swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that you will well and truly keep this jury and each of its members committed to your charge and that, except on the order of the court, while they are in your charge, you will not allow any of them to communicate with any other person, or any other person with any of them, whether directly or indirectly, and that you will not, either during the trial or after it has finished, communicate with any juror about any evidence given or issues raised, directly or indirectly, at the trial.
Affirmations by jurykeepers
You (and, if more than one person affirms, each of you) solemnly and sincerely declare and affirm that you will well and truly keep this jury and each of its members committed to your charge and that, except on the order of the court, while they are in your charge, you will not allow any of them to communicate with any other person, or any other person with any of them, whether directly or indirectly, and that you will not, either during the trial or after it has finished, communicate with any juror about any evidence given or issues raised, directly or indirectly, at the trial.
__________________".
33.3For Schedule 5 substitute—
"SCHEDULE 5
Section 50(2)
Swearing of Jurors Separating During Deliberations
Oaths by jurors
You (and, if more than one person takes the oath, each of you) swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that you will not discuss with any person other than another member of this jury any matter relating directly or indirectly to the evidence in this trial or the deliberations.
Affirmations by jurors
You (and, if more than one person affirms, each of you) solemnly and sincerely declare and affirm that you will not discuss with any person other than another member of this jury any matter relating directly or indirectly to the evidence in this trial or the deliberations.
__________________".
33.4After clause 14 of Schedule 6 insert—
"15 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
An amendment made to this Act by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 applies only to juries empanelled on or after the commencement of that Act.".
34Magistrates' Court Act 1989
34.1After section 4G(5) insert—
"(6)To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Koori Court Division in considering the sentence to impose under this section, unless the Koori Court Division directs, in accordance with section 4(2) of the Evidence Act 2008, that it applies.".
34.2After section 4Q(5) insert—
"(6)To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Neighbourhood Justice Division in considering the sentence to impose under this section, unless the Neighbourhood Justice Division directs, in accordance with section 4(2) of the Evidence Act 2008, that it applies.".
34.3Section 43(9)(a) is repealed.
34.4After section 57 insert—
"57A Warrants to arrest issued under Evidence Act 2008
The provisions of this Division relating to warrants to arrest extend and apply to a warrant to arrest issued under section 194 of the Evidence Act 2008 except as otherwise provided in this Division.".
34.5Sections 61(1)(b) and 61(5)(b) are repealed.
34.6At the end of section 61 insert—
"Note
Section 194 of the Evidence Act 2008 provides for issuing warrants to arrest a witness who fails to appear.".
34.7After section 62(2) insert—
"(3)This section does not apply in respect of a warrant authorised to be issued under section 194 of the Evidence Act 2008.".
34.8After section 64(4) insert—
"(5)Subsections (2), (3) and (4) do not apply in respect of a warrant authorised to be issued under section 194 of the Evidence Act 2008.".
34.9After section 103(2) insert—
"(2A)Nothing in subsection (2)(a) prevents the application of Part 3.10 of the Evidence Act 2008 to the conduct of an arbitration.".
34.10Section 129 is repealed.
34.11In clause 4 of Schedule 8, for "this Act or the Evidence Act 1958" substitute "this Act, the Evidence Act 2008 or the Evidence (Miscellaneous Provisions) Act 1958".
34.12After clause 41 of Schedule 8 insert—
"42This Act, as in force immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, continues to apply to a hearing that commenced before the day that Act commenced and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
35Major Crime (Investigative Powers) Act 2004
35.1After section 35 insert—
"35A Person may be examined without summons
(1)The Chief Examiner may require a person who—
(a)is present at an examination; and
(b)is competent to give evidence at the examination—
to give evidence or to produce documents that are in the person's possession at the examination even if a witness summons requiring the person to attend for that purpose has not been served on the person in accordance with Part 2.
(2)A person required to give evidence or to produce documents under subsection (1) is subject to the same penalties and liabilities as if the person had been served with a summons in accordance with Part 2.".
36Marine Act 1988
36.1In section 89(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958 or the Evidence Act 2008".
36.2After section 125(2) insert—
"(2A)Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1).".
37Mineral Resources (Sustainable Development) Act 1990
37.1In the second note at the foot of section 95A(4), after "legal professional privilege" insert "or client legal privilege".
37.2In the heading to section 95T, after "privilege" insert "and client legal privilege".
37.3In sections 95T(a) and 95T(b), after "privilege" insert "or client legal privilege".
38National Australia Bank and Bank of New Zealand Act 1997
38.1For section 11(2) substitute—
"(2)Without limiting subsection (1), the books of account of BNZ are for the purposes of the Evidence Act 2008 deemed to form part of the records belonging to or kept by National.".
38.2Section 11(3) is repealed.
39National Mutual Royal Savings Bank Limited (Merger) Act 1987
39.1In section 8(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 " substitute "the Evidence Act 2008";
(b)after "day" insert "as if those books of account and entries were business records".
39.2Section 8(3) is repealed.
40Occupational Health and Safety Act 2004
40.1In the second note at the foot of section 100(4), after "legal professional privilege" insert "or client legal privilege".
40.2In the heading to section 155, after "privilege" insert "and client legal privilege".
40.3In sections 155(a) and 155(b), after "privilege" insert "or client legal privilege".
41Petroleum (Submerged Lands) Act 1982
41.1In clauses 35(1), 39(4) and 42(4) of Schedule 7, after "privilege" insert "or client legal privilege".
42Police Integrity Act 2008
42.1After section 65 insert—
"65A Person may be examined without summons
(1)The Director may require a person who—
(a)is present at an examination; and
(b)is competent to give evidence at the examination—
to give evidence or to produce documents that are in the person's possession at the examination even if a summons requiring the person to attend for that purpose has not been served on the person in accordance with Division 2.
(2)A person required to give evidence or to produce documents under subsection (1) is subject to the same penalties and liabilities as if the person had been served with a summons in accordance with Division 2.".
43Port Services Act 1995
43.1In section 113(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
43.2In section 161(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)after "date" insert "as if those books of account and entries were business records".
43.3Sections 113(3) and 161(3) are repealed.
44Project Development and Construction Management Act 1994
44.1In section 58(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
44.2In section 74(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
44.3In section 93(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
44.4Sections 58(3), 74(3) and 93(3) are repealed.
45Prostitution Control Act 1994
45.1After section 80(3A) insert—
"(3AA)Nothing in subsection (3A) prevents the application of Part 3.10 of the Evidence Act 2008 to an application under subsection (1).".
46Public Administration Act 2004
46.1For the heading to section 111 substitute—
"Evidence (Miscellaneous Provisions) Act 1958 provisions to apply".
47Public Health and Wellbeing Act 2008
47.1After section 208(5) insert—
"(6)Nothing in subsection (2)(b) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under this section.".
47.2In the heading to section 213 after "privilege" insert "and client legal privilege".
47.3In section 213 after "privilege" (wherever occurring) insert "or client legal privilege".
48Public Records Act 1973
48.1In section 2(1), in the definition of record, for "Evidence Act 1958" substitute "Evidence Act 2008".
49Rail Corporations Act 1996
49.1In section 54(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "(as the case may be)." substitute "(as the case may be), as if those books of account and entries were business records.".
50Road Safety Act 1986
50.1After section 12(2) insert—
"(2A)Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1).".
50.2After section 15A(8) insert—
"(8A)Nothing in subsection (8) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under this section.".
50.3After section 16E(3) insert—
"(3A)Nothing in subsection (3) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1).".
50.4After section 26(2) insert—
"(2A)Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1).".
50.5After section 26A(2) insert—
"(3)Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1).".
50.6After section 33(15) insert—
"(15A)Nothing in subsection (15) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (13).".
50.7After section 50(5) insert—
"(5A)Nothing in subsection (5) prevents the application of Part 3.10 of the Evidence Act 2008 to an application under subsection (4).".
50.8After section 50AAB(6) insert—
"(7)Nothing in subsection (6) prevents the application of Part 3.10 of the Evidence Act 2008 to determining whether to make an order under subsection (6).".
50.9After section 51(10B) insert—
"(10C)Nothing in subsection (10B) prevents the application of Part 3.10 of the Evidence Act 2008 to determining the appeal.".
51Sentencing Act 1991
51.1In section 6F(2)—
(a)for "Evidence Act 1958" (where first occurring) substitute "Evidence Act 2008";
(b)for "section 87(1) of the Evidence Act 1958" substitute "section 178 of the Evidence Act 2008".
51.2In section 6J(2)—
(a)for "Evidence Act 1958" (where first occurring) substitute "Evidence Act 2008";
(b)for "section 87(1) of the Evidence Act 1958" substitute "section 178 of the Evidence Act 2008".
51.3After the note at the foot of section 89(3E) insert—
"(3F)Nothing in subsection (3E) prevents the application of Part 3.10 of the Evidence Act 2008 to a proceeding under subsection (2).".
51.4After section 89B(5) insert—
"(6)Nothing in subsection (5) prevents the application of Part 3.10 of the Evidence Act 2008 to making a determination under that subsection.".
51.5After section 137 insert—
"138 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
Sections 89(3F) and 89B(6) do not apply to a hearing that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
52Stalking Intervention Orders Act 2008
52.1After section 14(3) insert—
"(3A)Despite anything to the contrary in subsection (3), Part 3.10 of the Evidence Act 2008 applies in respect of an application made by telephone, fax or other electronic communication.".
52.2After section 20(3) insert—
"(4)Despite anything to the contrary in subsection (2)(a), Part 3.10 of the Evidence Act 2008 applies to a hearing referred to in subsection (1).".
52.3At the end of section 21 insert—
"(2)This section applies despite anything to the contrary in the Evidence Act 2008.".
52.4After section 62 insert—
"62A Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
(1)To avoid doubt, section 14(3A) applies to an application for an interim order made under section 14 on or after the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009.
(2)Sections 20(4) and 21(2) do not apply to a hearing in a proceeding that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 commenced and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
53State Bank (Succession of Commonwealth Bank) Act 1990
53.1In section 16(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)after "day" insert "as if those books of account and entries were business records".
53.2Section 16(3) is repealed.
54Survey Co-ordination Act 1958
54.1After section 21A insert—
"21B Certified copies of certain maps and documents to be prima facie evidence
(1)All maps, plans, documents or papers certified in accordance with subsection (2) to be copies of original maps, plans, documents or papers in custody as provided in subsection (2)—
(a)are admissible in evidence in any court or before any person acting judicially; and
(b)are prima facie evidence for the same purposes and to the same extent as their originals if they had been produced; and
(c)if certified in accordance with subsection (2) to have been made from an actual survey, are presumed prima facie to have been made by a competent surveyor—
and all courts and persons acting judicially must take judicial notice of certification as provided in subsection (2).
(2)Maps, plans, documents and papers are certified for the purposes of this section if they—
(a)were certified before the commencement of the Public Lands and Works Act 1964 under the seal of the Board of Land and Works to be copies of original maps, plans, documents or papers in the custody of the Board of Land and Works; or
(b)were certified on or after the commencement of the Public Lands and Works Act 1964 and before 1 September 1983 under the hand of the Minister of Lands to be copies of original maps, plans, documents or papers in the custody of the Department of Crown Lands and Survey; or
(c)were certified on or after 1 September 1983 and before 2 November 1983 under the hand of the Minister for Conservation, Forests and Lands to be copies of original maps, plans, documents or papers in the custody of the Department of Crown Lands and Survey; or
(d)were certified on or after 2 November 1983 and before 21 March 1985 under the hand of the Minister for Conservation, Forests and Lands to be copies of original maps, plans, documents or papers in the custody of the Department of Conservation, Forests and Lands; or
(e)were certified on or after 21 March 1985 under the hand of the Minister for the time being administering this Act or by the Surveyor-General to be copies of original maps, plans, documents or papers in the custody of a Department administered by that Minister.".
55Terrorism (Community Protection) Act 2003
55.1After section 13F(8) insert—
"(8A)Nothing in subsection (8) prevents the application of Part 3.10 of the Evidence Act 2008.".
55.2In the heading to section 13ZT, after "privilege" insert "and client legal privilege".
55.3In section 13ZT, after "privilege" insert "or client legal privilege".
56The Commercial Bank of Australia Limited (Merger) Act 1982
56.1In section 10(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 shall continue to apply" substitute "the Evidence Act 2008 apply";
(b)after "day" insert "as if those books of account and entries were business records".
56.2Section 10(3) is repealed.
57The Commercial Banking Company of Sydney Limited (Merger) Act 1982
57.1In section 10(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 shall continue to apply" substitute "the Evidence Act 2008 apply";
(b)after "day" insert "as if those books of account and entries were business records".
57.2Section 10(3) is repealed.
58Transfer of Land Act 1958
58.1In section 4, the definition of reproduction is repealed.
58.2For section 27D(7) substitute—
"(7)This section does not effect or limit any mode of proof of facts or documents permitted by law.".
58.3Section 114(4) is repealed.
58.4After section 128 insert—
"128A Transitional Provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
Section 27D(7), as in force immediately before its amendment by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, continues to apply to a hearing that commenced before the day that Act commences and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
59Transport Accident Act 1986
59.1In the heading to section 126A, after "privilege" insert "and client legal privilege".
59.2In sections 126A(1) and 126A(2), after "privilege" insert "or client legal privilege".
60Victims of Crime Assistance Act 1996
60.1After section 37(1B) insert—
"(1C)Section 194 of the Evidence Act 2008 applies to warrants issued under subsection (1A) as if a reference to a civil or criminal proceeding were a reference to a proceeding before the Tribunal.".
60.2After section 79 insert—
"80 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
Section 37(1C) does not apply to a hearing that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 commenced and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
61Victorian Plantations Corporation Act 1993
61.1In section 47(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
61.2Section 47(3) is repealed.
62Water Act 1989
62.1In section 287T(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
62.2In section 301(6), for "section 63 of the Evidence Act 1958" substitute "section 153 of the Evidence Act 2008".
63Water Industry Act 1994
63.1In section 166(2)—
(a)for "Division 3A of Part III of the Evidence Act 1958 continues to apply" substitute "The Evidence Act 2008 applies";
(b)for "property." substitute "property, as if those books of account and entries were business records.".
63.2Section 166(3) is repealed.
64Westpac and Bank of Melbourne (Challenge Bank) Act 1996
64.1For section 11(2) substitute—
"(2)Without limiting subsection (1), the books of account of Challenge are for the purposes of the Evidence Act 2008 deemed to form part of the records belonging to or kept by Westpac.".
64.2For section 22(2) substitute—
"(2)Without limiting subsection (1), the books of account of Challenge in relation to the transferring undertaking are for the purposes of the Evidence Act 2008 deemed to form part of the records belonging to or kept by the Bank of Melbourne.".
64.3Sections 11(3) and 22(3) are repealed.
65Whistleblowers Protection Act 2001
65.1In the heading to section 10, after "privilege" insert "or client legal privilege".
65.2In section 10(2), after "privilege" insert "or client legal privilege".
66Wills Act 1997
66.1At the end of section 22 insert—
"(2)Nothing in subsection (1) prevents the application of Part 3.10 of the Evidence Act 2008 to an application under section 21.".
66.2After section 27(1) insert—
"(1A)Nothing in subsection (1) prevents the application of Part 3.10 of the Evidence Act 2008 to an application under section 21.".
67Workers Compensation Act 1958
67.1After section 12(2) insert—
"(3)Nothing in subsection (2) prevents the application of Part 3.10 of the Evidence Act 2008 to proceedings referred to in that subsection.".
68Working with Children Act 2005
68.1Section 47(3) is repealed.
68.2After section 51 insert—
"52 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
Section 47(3), as in force immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, continues to apply in respect of a hearing that commenced before the day that Act commences and that—
(a)continued on or after that day; or
(b)was adjourned until that day or a day after that day.".
__________________
Part 2—Substitution of references to "Evidence Act 1958"
1Accident Compensation Act 1985
1.1In section 249B(3A), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
2Administration and Probate Act 1958
2.1In section 75(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
3Ambulance Services Act 1986
3.1In section 13(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
4Appeal Costs Act 1998
4.1In section 27(1), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
5Architects Act 1991
5.1In section 31, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
6Bail Act 1977
6.1In section 9(3A), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
7Building Act 1993
7.1In clause 15(2) of Schedule 3, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
8Bus Safety Act 2009
8.1In section 51(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
9Charities Act 1978
9.1In section 10(1), for "Evidence Act 1958" (wherever occurring) substitute "Evidence (Miscellaneous Provisions) Act 1958".
10Children, Youth and Families Act 2005
10.1In sections 117, 200(2), 439, 450, 490(1)(a), 530(5), 583(1), 584(1) and 589, for "Evidence Act 1958" (wherever occurring) substitute "Evidence (Miscellaneous Provisions) Act 1958".
11Constitution Act 1975
11.1In section 87AAF(1), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
11.2In the note to the Second Schedule, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
12Co-operative Housing Societies Act 1958
12.1In sections 55(3), 69 and 71B(4), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
13Coroners Act 2008
13.1In section 63(1), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
14Corrections Act 1986
14.1In sections 57A(1)(b) and 71, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
15Country Fire Authority Act 1958
15.1In section 74N, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
16County Court Act 1958
16.1In sections 22(2), 78(1)(hf) and 78(1)(hg), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
17Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
17.1In section 36(7), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
18Criminal Procedure Act 2009
18.1In section 3 in the definition of attend, and in sections 130(8), 133(3)(g), 198(5), 232(3) and 331(6)(b), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
18.2In the note at the foot of section 198(5), the second note at the foot of section 329 and the note at the foot of section 359(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
19Disability Act 2006
19.1In sections 122, 123(2) and 127, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
20Education and Training Reform Act 2006
20.1In sections 2.2.2(1)(b), 2.3.31 and 5.8.9, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
21Firearms Act 1996
21.1In section 166(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
22Fisheries Act 1995
22.1In section 44(4)(b), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
23Gambling Regulation Act 2003
23.1In section 10.1.20(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
24Health Professions Registration Act 2005
24.1In sections 4(3)(b) and 29(3)(b), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
25Health Services Act 1988
25.1In section 144(2)(a), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
26Health Services (Conciliation and Review) Act 1987
26.1In sections 25, 26(2) and 31(1), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
27Infertility Treatment Act 1995
27.1In section 150, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
28Instruments Act 1958
28.1In sections 68 and 82, for "Evidence Act 1958" (wherever occurring) substitute "Evidence (Miscellaneous Provisions) Act 1958".
29Interpretation of Legislation Act 1984
29.1In section 38, in the definition of statutory declaration and solemn declaration, and in section 54(3), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
30Juries Act 2000
30.1In section 62, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
31Local Government Act 1989
31.1In sections 9(3), 63(1), 214(1), 214(2) and in the note at the foot of section 63(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
32Magistrates' Court Act 1989
32.1In sections 16(1A)(p), 16(1A)(q), 16(1A)(r) and 82(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
33Major Transport Projects Facilitation Act 2009
33.1In section 263(3), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
34Marine Act 1988
34.1In section 84(3), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
35Metropolitan Fire Brigades Act 1958
35.1In section 79M, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
36Mineral Resources (Sustainable Development) Act 1990
36.1In section 99(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
37Ombudsman Act 1973
37.1In sections 18(1) and 20, for "Evidence Act 1958" (wherever occurring) substitute "Evidence (Miscellaneous Provisions) Act 1958".
38Police Regulation Act 1958
38.1In sections 75(4) and 84(4), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
39Public Administration Act 2004
39.1In sections 53(2), 57(2) and 111, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
40Public Health and Wellbeing Act 2008
40.1In section 51(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
41Public Transport Competition Act 1995
41.1In section 21(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
42Rail Safety Act 2006
42.1In section 60(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
43Religious and Successory Trusts Act 1958
43.1In section 39(1), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
44Retail Leases Act 2003
44.1In section 89(4), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
45Securities Industry Act 1975
45.1In section 21(9), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
46Securities Industry (Application of Laws) Act 1981
46.1In clause 12 of Schedule 1, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
47State Electricity Commission Act 1958
47.1In clause 9 of the Sixth Schedule, under the heading Legal Proceedings, Evidence, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
48Supreme Court Act 1986
48.1In sections 25(1)(eb) and 25(1)(ec), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
49Surveillance Devices Act 1999
49.1In section 30I(7), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
50Surveying Act 2004
50.1In sections 4(3)(b) and 29, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
51Telecommunications (Interception) (State Provisions) Act 1988
51.1In section 22(b)(ii), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
52Terrorism (Community Protection) Act 2003
52.1In sections 21J(1) and 23(1) and the note at the foot of section 23(1), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
53Transport Act 1983
53.1In section 228O(2), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
54Veterinary Practice Act 1997
54.1In sections 4(3)(b), 8(4)(b) and 48, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
55Victims of Crime Assistance Act 1996
55.1In sections 37(1), 63(3), 65(1) and 65(2), for "Evidence Act 1958" (wherever occurring) substitute "Evidence (Miscellaneous Provisions) Act 1958".
56Victoria Grants Commission Act 1976
56.1In section 18, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
57Victorian Civil and Administrative Tribunal Act 1998
57.1In the heading to section 78A, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
57.2In section 78A, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
58Whistleblowers Protection Act 2001
58.1In sections 22(1)(d), 54(2), 61BA(1)(a), 61BAB(1), 61G(1), 61H(1), 61I, 61K(1), 61L(1)(a), 105B, 105D(1)(a), 105E(1) and 108(2)(a), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
58.2In sections 61B(1), 61B(1A), 61B(5), and 61B(7)(d), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
58.3In the note at the foot of section 61B(1), for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
59Wrongs Act 1958
59.1In section 14I, in paragraph (c) of the definition of civil proceeding, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958".
═══════════════
Endnotes
Minister's second reading speech—
Legislative Assembly: 17 September 2009
Legislative Council: 15 October 2009
The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria as a consequence of the enactment of the Evidence Act 2008 and to make other amendments to that Act and for other purposes."
Constitution Act 1975:
Special majorities:
Legislative Assembly: 15 October 2009
Legislative Council: 12 November 2009
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