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EVIDENCE LEGISLATION (AUTHORISED PERSONS) AMENDMENT BILL 2009

Serial 27
Evidence Legislation (Authorised Persons) Amendment Bill 2009
Ms Lawrie

A Bill for an Act to amend provisions about authorised persons in the Evidence Act and Evidence Regulations

NORTHERN TERRITORY OF AUSTRALIA

EVIDENCE LEGISLATION (AUTHORISED PERSONS) AMENDMENT ACT 2009

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Act No. [ ] of 2009

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TABLE OF PROVISIONS

Part IX Transitional matters for Evidence Legislation (Authorised Persons) Amendment Act 2009

66 Savings – authorised officers

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2009

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An Act to amend provisions about authorised persons in the Evidence Act and Evidence Regulations

[Assented to [ ] 2009]

[Second reading [ ] 2009]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Evidence Legislation (Authorised Persons) Amendment Act 2009.

2 Commencement

(1) The provisions of this Act (except sections 3 and 4(1)) commence on the day on which the Administrator's assent to this Act is declared.

(2) Sections 3 and 4(1) are taken to have commenced on 16 October 2007.

Part 2 Amendment of Evidence Act
3 Act amended

This Part amends the Evidence Act.

4 Amendment of section 21A (Evidence of vulnerable witnesses)

(1) Section 21A(1), definition authorised person

omit, substitute

authorised person means any of the following:

(a) a police officer with the rank of constable or above;

(b) a member of the Australian Federal Police who is appointed as a special constable under the Police Administration Act;

(c) a member of a police force of a State or another Territory who is appointed as a special constable under the Police Administration Act;

(d) a person who is an authorized person under section 4(1) of the Community Welfare Act;

(e) a person who is an authorised officer under section 304(1)(a) of the Care and Protection of Children Act.

(2) Section 21A(1), definition authorised person, after paragraph (e)

insert

(f) a member of a police force of a State or another Territory with the rank of constable or above;

(g) a person prescribed by regulation.

5 New Part IX

After section 65

insert

Part IX Transitional matters for Evidence Legislation (Authorised Persons) Amendment Act 2009

66 Savings – authorised officers

(1) An act of a person purportedly done as an authorised person because of an approval mentioned in the repealed regulation is taken to have been validly done by an authorised person for Part IIA of this Act.

(2) The amendments made to this Act by the Evidence Legislation (Authorised Persons) Amendment Act 2009 do not affect any decision of a court made before the commencement of this section.

(3) In this section:

repealed regulation means regulation 4 of the Evidence Regulations as in force before its repeal by section 7 of the Evidence Legislation (Authorised Persons) Amendment Act 2009.

Part 3 Amendment of Evidence Regulations
6 Regulations amended

This Part amends the Evidence Regulations.

7 Repeal of regulation 4

Regulation 4

repeal

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