WESTERN AUSTRALIA
EVIDENCE AMENDMENT ACT
No. 66 of 1987
AN ACT to amend the Evidence Act 1906 and to repeal the
Evidence Act Amendment Act 1974.
[Assented to 1 December 1987.]
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
Short title
1. This Act may be cited as the Evidence Amendment Act 1987.
| No. 66] | Evidence Amendment Act | [1987 |
| Commencement |
2. The provisions of this Act shall come into operation on such day
as is, or days as are respectively, fixed by proclamation.
Principal Act
3. In this Act the Evidence Act 1906* is referred to as the principal
Act.
[*Reprinted as at 14 August 1986.]
Section 3 amended
4. Section 3 of the principal Act is amended
(a) in the definition of "bank" or "banker"—
(i) in paragraph (a), by deleting "demand, and" and substituting the following
'C demand; "; and
(ii) by inserting after paragraph (b) the following paragraphs-
" (c) any building society as defined by section 5 of
the Building Societies Act 1976; and
(d) any credit union registered under the Credit
Unions Act 1979; "; and
| (b) | by deleting "expressions relating to "bankers' books" include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank;" and substituting the following |
IC
"bankers' books" and expressions referring to bankers' books include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank however such books are compiled, recorded or stored, whether in written form or on microfilm or by electronic process or
| otherwise; ". |
| 1987] | Evidence Amendment Act | [No. 66 |
Sections 79B, 79C, 79D and 79E repealed and sections 79B,
79C, 79D, 79E, 79F and 79G substituted
5. Sections 79B, 79C, 79D and 79E of the principal Act are repealed
and the following sections are substituted
Interpretation
44
79B. In this section and in sections 79C, 79D, 79E, 79F and
79G
"derived" means derived, by the use of a computer or otherwise, by calculation, comparison, selection, sorting, consolidation or by accounting, statistical or logical procedures;
"document" means any record of information and includes, in addition to a document in writing
| (a) | any book, map, plan, graph or drawing; |
| (b) | any photograph; |
| (c) | any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other device) of being reproduced therefrom; and |
| (d) | any film, negative, disc, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other device) of being reproduced therefrom; |
"proceedings" includes arbitrations and references and "court" shall be construed accordingly;
"qualified person", in relation to a statement, means a…