Australian Capital Territory Evidence (Temporary Provisions) Act 1971
No. 66, 1971
Compilation start date: 30 December 1981
Includes amendments up to: Act No 176, 1981
About this compilation
This compilation
This is a compilation of the Australian Capital Territory Evidence (Temporary Provisions) Act 1971 that shows the text of the law as amended and in force on 30 December 1981 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Validation of provisions of Australian Capital Territory Evidence Ordinance
Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
An Act to make temporary provision for the Law of Evidence in the Australian Capital Territory
1 Short title
This Act may be cited as the Australian Capital Territory Evidence (Temporary Provisions) Act 1971.
2 Commencement
This Act shall be deemed to have come into operation on the nineteenth day of August, One thousand nine hundred and seventy‑one.
3 Validation of provisions of Australian Capital Territory Evidence Ordinance
(1) The provisions of the Australian Capital Territory Evidence Ordinance 1971 contained in Australian Capital Territory Ordinance No. 4 of 1971 shall, notwithstanding its disallowance by the Senate, continue in force.
(2) Nothing in subsection (1) prevents the amendment or repeal by an Ordinance under the Seat of Government (Administration) Act 1910 of the provisions continued in force by that subsection.
(3) The Interpretation Ordinance 1967 of the Australian Capital Territory, as amended and in force from time to time, applies, and shall be deemed to have always applied, to the provisions continued in force by subsection (1).
Endnotes
Endnote 1—Legislation history
This endnote sets out details of the legislation history of the Australian Capital Territory Evidence (Temporary Provisions) Act 1971.
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Australian Capital Territory Evidence (Temporary Provisions) Act 1971 | 66, 1971 | 26 Aug 1971 | 19 Aug 1971 (s 2) | |
Australian Capital Territory Evidence (Temporary Provisions) Act 1972 | 10, 1972 | 30 Mar 1972 | 30 Mar 1972 (s 2) | — |
Australian Capital Territory Evidence (Temporary Provisions) Act 1973 | 10, 1973 | 31 Mar 1973 | 31 Mar 1973 (s 2) | — |
Statute Law (Miscellaneous Amendments) Act 1981 | 176, 1981 | 2 Dec 1981 | s 11 and 12: 30 Dec 1981 (s 2 item 12) | — |
Endnote 2—Amendment history
Provision affected | How affected |
s 3..................... | am No 10, 1972; No 10, 1973; No 176, 1981 |
Overview
The Australian Capital Territory Evidence (Temporary Provisions) Act 1971 was enacted to provide a temporary framework for the law of evidence in the Australian Capital Territory while a more permanent legislative solution was being developed. The Act was passed by the Australian Parliament, as the Australian Capital Territory was under federal jurisdiction at the time, and it aimed to ensure the continuity of legal provisions in the territory in the absence of a fully functional local legislative body. The Act addresses the gap created by the disallowance of the Australian Capital Territory Evidence Ordinance 1971 by the Senate, ensuring that the evidentiary laws would not lapse and continue to operate smoothly. The provisions of this Act were designed to be temporary, allowing for the eventual establishment of a more permanent legislative regime for the territory's evidence law.
Scope and Application
The Australian Capital Territory Evidence (Temporary Provisions) Act 1971 is a legislative instrument that was enacted to provide temporary provisions for the law of evidence in the Australian Capital Territory. The Act applies to the provisions of the Australian Capital Territory Evidence Ordinance 1971, which had been disallowed by the Senate. The Act ensures that the provisions of the Ordinance continue in force despite its disallowance, with the exception of any amendments or repeals made by an Ordinance under the Seat of Government (Administration) Act 1910. Additionally, the Interpretation Ordinance 1967 applies to the provisions continued in force by the Act. The Act extends to the Australian Capital Territory and its geographic and jurisdictional reach is limited to this territory. The Act does not provide any exclusions, exemptions, or thresholds. However, it is possible that the application of the Act may be extended or restricted through subordinate instruments. Overall, the Act provides a temporary solution to the issue of the disallowance of the Australian Capital Territory Evidence Ordinance 1971 and ensures the continued operation of its provisions in the Australian Capital Territory.
Key Provisions
The Australian Capital Territory Evidence (Temporary Provisions) Act 1971 (referred to as the Act) primarily focuses on ensuring the continued operation of certain provisions of the Australian Capital Territory Evidence Ordinance 1971, despite its disallowance by the Senate. Section 3(1) of the Act validates the provisions of the Australian Capital Territory Evidence Ordinance 1971 that were contained in Australian Capital Territory Ordinance No. 4 of 1971. This means that those provisions will remain in force despite the disallowance. However, Section 3(2) allows for the amendment or repeal of these provisions by an Ordinance under the Seat of Government (Administration) Act 1910. Additionally, Section 3(3) stipulates that the Interpretation Ordinance 1967 of the Australian Capital Territory, as amended and in force from time to time, applies to the provisions continued in force by subsection 3(1).
The Act imposes specific obligations on the parties and entities it governs, particularly in relation to the continued operation of the validated provisions. The key obligation is the continued enforcement and application of the provisions of the Australian Capital Territory Evidence Ordinance 1971 that are validated by Section 3(1) of the Act. This ensures that the legal framework governing evidence in the Australian Capital Territory remains consistent and effective during the temporary period. The Act also imposes the obligation on relevant authorities to interpret and apply these provisions in accordance with the Interpretation Ordinance 1967.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the Act for breaches of its provisions. However, any breach of the validated provisions of the Australian Capital Territory Evidence Ordinance 1971 could potentially lead to legal consequences under the laws that those provisions govern. The Act itself does not prescribe specific penalties or consequences for breaches, but any legal action would be taken under the relevant legislation that the validated provisions are part of. The focus of the Act is more on the continuity and validation of the existing legal framework rather than introducing new penalties or consequences.