Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 204
Evidence
(National Uniform Legislation) Consequential Amendments
Bill 2012
Mr
Knight
A Bill for an Act to make consequential and other amendments relating to the Evidence (National Uniform Legislation) Act
NORTHERN TERRITORY OF AUSTRALIA
EVIDENCE (NATIONAL UNIFORM LEGISLATION) CONSEQUENTIAL AMENDMENTS ACT 2012
____________________
Act No. [ ] of 2012
____________________
Table of provisions
Chapter 6 Transitional matters for Evidence (National Uniform Legislation) Act 2011
198 Definitions
199 Application of this Act on commencement day
200 Application of section 128A
201 Application of Part 3.10 to disclosure requirements
202 Identifications already carried out
203 Documents and evidence produced before commencement day by processes, machines and other devices
204 Documents attested and verified before commencement day
205 Matters of official record published before commencement day
206 Agreed facts
207 Application of Act to improperly or illegally obtained evidence
208 Notification provisions
209 Notice of intention to adduce hearsay evidence
210 Notice of intention to adduce evidence as to tendency or coincidence
211 Time limits for making requests
212 Requests under section 173
213 Transitional regulations
5 Application of Act
6 Relationship
with Evidence (NUL) Act
Division
2 Transitional matters
for Evidence (National Uniform Legislation) Consequential Amendments Act
2012
67 Definitions
68 Application of this Act linked to application of Evidence (NUL) Act
69 Transitional
regulations
60A Evidentiary
effect of probate and letters of administration
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2012
____________________
An Act to make consequential and other amendments relating to the Evidence (National Uniform Legislation) Act
[Assented to [ ] 2012]
[Second reading [ ] 2012]
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 (National Uniform Legislation) Consequential Amendments Act 2012.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Evidence (National Uniform Legislation)
Act
3 Act
amended
This Part amends the Evidence (National Uniform Legislation) Act.
After section 197
insert
Chapter 6 Transitional matters for Evidence (National Uniform Legislation) Act 2011
In this Chapter:
commencement day means the day on which section 4 commences.
199 Application of this Act on commencement day
(1) Except as otherwise provided by this Chapter, this Act applies to a proceeding commenced on or after the commencement day.
(2) Except as otherwise provided by this Chapter, if a proceeding 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.
200 Application of section 128A
Section 128A does not apply in relation to an order made before the commencement day that would, if it were made after the commencement day, be a disclosure order as defined in that section.
201 Application of Part 3.10 to disclosure requirements
(1) Part 3.10 does not apply in relation to:
(a) a process or order of a 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 as defined in 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 section 199(2)(a) or (b) applies.
(2) Despite subsection (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.
202 Identifications 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.
203 Documents and evidence produced before commencement day by processes, machines and other devices
(1) Section 146 has effect on and after the commencement day in relation to the production of a document or thing that occurred before the commencement day.
(2) Section 147 has effect on and after the commencement day in relation to the production of a document that occurred before the commencement day.
204 Documents attested and verified before commencement day
(1) Section 148 has effect on and after the commencement day in relation to the attestation, verification, signing or acknowledgement of a document that occurred before the commencement day.
(2) Section 149 has effect on and after the commencement day in relation to the signing or attestation of a document that occurred before the commencement day.
205 Matters of official record published before commencement day
(1) Section 153 has effect on and after the commencement day in relation to the publication of a document referred to in that section that occurred before the commencement day.
(2) Section 154 has effect on and after the commencement day in relation to the publication of a document referred to in that section that occurred before the commencement day.
(3) Section 155 has effect on and after the commencement day in relation to the signing or sealing or certification of a document referred to in that section that occurred before the commencement day.
(4) Section 156 has effect on and after the commencement day in relation 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 after the commencement day in relation 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 after the commencement day in relation 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 after the commencement day in relation to the publication of a document referred to in that section that occurred before the commencement day.
The reference in section 191(3)(a) to an agreement is taken on and after the commencement day to include a reference to an agreement entered into before the commencement day.
207 Application 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.
(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 after 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 subsection (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(1)(a);
(h) section 98(1)(b);
(i) section 168(1), (3), (5) and (6);
(j) section 173(1);
(k) section 177(2) and (5).
209 Notice of intention to adduce hearsay evidence
If a notice given before the commencement day is taken, by the operation of section 208, 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.
210 Notice 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 section 208(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.
211 Time 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 section 208, 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 section 208, 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.
212 Requests 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.
(1) A regulation may provide for a matter of a transitional nature:
(a) because of the enactment of this Act or the Evidence (National Uniform Legislation) Consequential Amendments Act 2012; or
(b) to otherwise allow or facilitate the transition:
(i) from the Evidence Act as in force immediately before the commencement day;
(ii) to this Act and the Evidence Act as amended by the Evidence (National Uniform Legislation) Consequential Amendments Act 2012.
(2) The regulation may have retrospective operation to a day not earlier than the commencement day.
(3) However, to the extent to which the regulation has retrospective operation, it does not operate to the disadvantage of a person (other than the Territory or a Territory authority) by:
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The regulation must declare it is made under this section.
(5) This section, and each regulation made under it, expires 1 year after the commencement day.
Part
3 Amendment of Evidence
Act
5 Act
amended
This Part amends the Evidence Act.
Long title
omit
relating to Evidence
insert
to make provision for evidentiary matters in addition to the Evidence (National Uniform Legislation) Act
Part I, heading
omit, insert
Part 1 Preliminary matters
Section 2
repeal
(1) Section 4
omit
, unless the contrary intention appears
(2) Section 4, definitions ADI's book, Court, document, evidentiary material, evidentiary summons, examined copy and examined extract, Judge, legal proceeding or proceeding and person acting judicially
omit
(3) Section 4
insert (in alphabetical order)
audio link, for Part 5, see section 49.
audiovisual link, for Part 5, see section 49.
audiovisual record, for Part 3, see section 21A(1).
authorised person, for Part 3, see section 21A(1).
child, for Part 3, see section 21A(1).
committal proceedings, for Part 7, see section 56.
communication link, for Part 5, see section 49.
confidential communication, for Part 7, see section 56.
counsellor, for Part 7, see section 56.
court, see Part 1 of the Dictionary at the end of the Evidence (NUL) Act.
document, see Part 1 of the Dictionary at the end of the Evidence (NUL) Act.
Evidence (NUL) Act means the Evidence (National Uniform Legislation) Act.
examination, for Part 3, see section 21A(1).
harm, for Part 7, see section 56.
interstate entity, for Part 5, see section 49.
interstate proceeding, for Part 5, see section 49.
judge, see Part 1 of the Dictionary at the end of the Evidence (NUL) Act.
participating State, for Part 5, see section 49.
party to a confidential communication, for Part 7, see section 56.
proceeding means a civil proceeding or a criminal proceeding, each as defined in Part 1 of the Dictionary at the end of the Evidence (NUL) Act.
recorded statement, for Part 3, see section 21A(1).
serious violence offence, for Part 3, see section 21A(1).
Territory entity, for Part 5, see section 49.
Territory proceeding, for Part 5, see section 49.
victim, for Part 7, see section 56.
visual link, for Part 5, see section 49.
vulnerable witness, for Part 3, see section 21A(1).
10 Section 5, Part II heading and sections 6 to 10 replaced
Section 5, Part II, heading and sections 6 to 10
repeal, insert
(1) This Act applies to all proceedings to which the Evidence (NUL) Act applies.
(2) Part 5 also applies to Territory proceedings and interstate proceedings (as defined in section 49).
6 Relationship with Evidence (NUL) Act
This Act applies in addition to, and does not affect the operation of, the Evidence (NUL) Act.
Part 2 Privilege
(1) Section 12, heading
omit, insert
12 Medical privilege
(2) Section 12(1)
omit
(3) Section 12(2), after "his" (all references)
insert
or her
(4) Section 12(2), after "him" (all references)
insert
or her
(5) Section 12(3), after "himself"
insert
or herself
Sections 13 to 21
repeal
Part IIA, heading
omit, insert
Part 3 Vulnerable witnesses
Part III, heading
omit, insert
Part 4 Miscellaneous rules of evidence
15 Sections 22 and 23, 25 to 26D and 26F to 26L repealed
Sections 22 and 23, 25 to 26D and 26F to 26L
repeal
16 Parts IV, IVA and V repealed
Parts IV, IVA and V
repeal
Part VA, heading
omit, insert
Part 5 Communication links
(1) Section 49
omit
, unless the contrary intention appears
(2) Section 49, definitions recognised court, State, Territory court and tribunal
omit
(3) Section 49
insert (in alphabetical order)
interstate entity means:
(a) a court of a participating State; or
(b) a person or body authorised by or under a law of a participating State to take evidence on oath or affirmation;
that is authorised by the provisions of an Act of that State in terms substantially corresponding to Divisions 3 and 4 to direct that evidence be taken or submissions be made by audio link or audiovisual link from the Territory.
interstate proceeding means a proceeding in or before an interstate entity.
Territory entity means any of the following:
(a) a court;
(b) a coroner;
(c) a person or body authorised by or under a law of the Territory to take evidence on oath;
(d) in this Division and Division 2 – a person acting judicially, including the holder of a statutory office or a public sector employee with authority to examine evidence.
Territory proceeding means a proceeding in or before a Territory entity.
(4) Section 49, definition audio visual link
omit
audio visual
insert
audiovisual
(5) Section 49, definition communication link
omit
audio visual
insert
audiovisual
(6) Section 49, definition participating State, after "a State"
insert
or Territory
Section 49A
repeal
Part VI, heading
omit, insert
Part 6 Evidence on commission
Part VIA, heading
omit, insert
Part 7 Confidential information
Part VII, heading
omit, insert
Part 8 Publication of evidence
Part VIII, heading
omit, insert
Part 9 Other matters
24 Sections 63 and 64 repealed
sections 63 and 64
repeal
Part IX, heading
omit, insert
Part 10 Transitional provisions
Division 1 Transitional matters for Evidence Legislation (Authorised Persons) Amendment Act 2009
26 Part 10, Division 2 inserted
After section 66
insert
Division 2 Transitional matters for Evidence (National Uniform Legislation) Consequential Amendments Act 2012
In this Division:
commencement day means the day on which section 4 of the Evidence (NUL) Act commences.
Consequentials Act means the Evidence (National Uniform Legislation) Consequential Amendments Act 2012.
proceeding includes part of a proceeding or something relating to a proceeding.
68 Application of this Act linked to application of Evidence (NUL) Act
(1) If the Evidence (NUL) Act applies in relation to a proceeding, this Act, as amended by the Consequentials Act, applies in relation to the proceeding.
(2) If the Evidence (NUL) Act does not apply in relation to a proceeding, this Act as in force immediately before the commencement day applies in relation to the proceeding as if the Consequentials Act had not commenced.
(3) If subsection (2) applies in relation to a proceeding, any law amended or repealed by Parts 4 or 5 of the Consequentials Act that is relevant to the proceeding continues to apply in relation to the proceeding as it was in force immediately before the commencement day as if the Consequentials Act had not commenced.
Note for section 68
Chapter 6, and in particular section 199, of the Evidence (NUL) Act sets out the proceedings in relation to which the Evidence (NUL) Act does and does not apply.
(1) A regulation may provide for a matter of a transitional nature:
(a) because of the enactment of the Evidence (NUL) Act or the Consequentials Act; or
(b) to otherwise allow or facilitate the transition:
(i) from the operation of this Act as in force immediately before the commencement day;
(ii) to the operation of the Evidence (NUL) Act and this Act as amended by the Consequentials Act.
(2) The regulation may have retrospective operation to a day not earlier than the commencement day.
(3) However, to the extent to which the regulation has retrospective operation, it does not operate to the disadvantage of a person (other than the Territory or a Territory authority) by:
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The regulation must declare it is made under this section.
(5) This section, and each regulation made under it, expires 1 year after the commencement day.
27 The First and The Fourth Schedules repealed
The First Schedule and The Fourth Schedule
repeal
Schedule 1 has effect.
Part
4 Amendment of Administration and Probate
Act
29 Act
amended
This Part amends the Administration and Probate Act.
After section 60, in Part III, Division 3
insert
60A Evidentiary effect of probate and letters of administration
(1) The probate of any will or letters of administration with the will annexed is evidence of the due execution of the will for all questions concerning either real or personal estate.
(2) The copy attached or annexed to the probate or letters of administration, purporting to be a copy of the will, is evidence of the contents of the will.
(3) The probate of any will or letters of administration is evidence of the death and the date of the death of the testator or intestate.
Part 5 Repeals
and other
amendments
31 Act
repealed
The Evidence (Business Records) Interim Arrangements Act 1984 (Act No. 44 of 1984) is repealed.
Schedule 2 amends the Acts mentioned in it.
Part 6 Expiry
of
Act
33 Expiry
of Act
This Act expires on the day after it commences.
Schedule 1 Evidence Act further amended
section 28
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 21A(1), definition authorised
person, paragraph (d)
|
whole paragraph
|
|
|
section 21A(1), definition recorded
statement
|
legal proceedings
|
a proceeding
|
|
sections 21A(1), definition vulnerable
witness, paragraphs (a) and (b), 49C(a), 49X(a), 50(2)(a),
56, definitions confidential communication, paragraphs
(a)(ii), (b) and (c) and party to a confidential communication,
paragraph (a), 56D(4)(a), 56F(1)(a) and 57(1)(i), at the end
|
|
or
|
|
sections 21A(1), definition vulnerable
witness, paragraph (d), (2)(d), (2A) to (2C), (5) and (6), 21B(2)
to (4), 21C(1) to (3), 21D(2) and (3), 21E(1) and (3) to (6), 21F(1) and (2),
24(6), (7) and (10), 26E(1), 56B(2)(c), 56D(2)(c), (3) and (4), 56E(1) to (4),
56F(1)(a), 56G(1) and (2), 57(1) to (3), 58, 62(2) and 63(1)(b)
|
Court
(all references) |
court
|
|
section 21A(2)(b), (3) and (4)
|
Judge
|
judge
|
|
section 21A(2)(c)(iii)
|
who the Court
witness,
|
whom the court
witness;
|
|
section 21A(3)(a)
|
Court;
|
court; and
|
|
section 21C(1)(c)(iii)
|
Judge
|
judge
|
|
section 21C(2)(c)(i)
|
audio visual
|
audiovisual
|
|
section 21F, heading
|
Court
|
court
|
|
section 21F(3)
|
Court
Court's
|
court
court's
|
|
section 24(11), definition criminal
proceeding
|
whole definition
|
criminal proceeding, see
Part 1 of the Dictionary at the end of the Evidence (NUL) Act.
|
|
Part 5, Division 1, heading, at the end
|
|
matters
|
|
section 49B
|
court
|
entity
|
|
section 49C, heading
|
Rules of court
|
Procedural rules
|
|
section 49C
|
court may make rules of court
|
entity may make rules
|
|
section 49C(c)
|
proceeding,
|
proceeding;
|
|
section 49D(1)
|
all words from "any proceeding" to
"court"
|
any Territory proceeding
|
|
section 49E, heading
|
whole heading
|
49E Territory entity may take evidence from
another place
|
|
section 49E(1)
|
Territory court
before the court
court
(all other references) courtroom or other
|
Territory entity
entity
|
|
section 49E(2)
|
The court
|
The entity
|
|
section 49E(2)(b)
|
all words from "place that" to
"sitting"
|
other place
|
|
section 49E(3) and (5)
|
court
(all references) |
entity
|
|
section 49E(4)
|
court
proceedings
|
entity
proceeding
|
|
section 49F, heading
|
audio visual
|
audiovisual
|
|
section 49F
|
audio
visual
(all references) |
audiovisual
|
|
section 49F(a)
|
all words from "courtroom" to "sitting"
|
place where a Territory entity is sitting
(place A)
|
|
section 49F(b)
|
made,
|
made (place B);
|
|
section 49F(c)
|
all words from "the courtroom" to
"submission"
|
place A to see and hear all appropriate persons at
place B
|
|
section 49F(d)
|
all words from "the place" to "place."
|
place B to see and hear all appropriate persons at
place A.
|
|
section 49G(a)
|
all words from "courtroom" to "sitting"
|
place where a Territory entity is sitting
(place A)
|
|
section 49G(b)
|
made,
|
made (place B);
|
|
section 49G(c)
|
all words from "the courtroom" to
"submission"
|
place A to hear all appropriate persons at place
B
|
|
section 49G(d)
|
all words from "the place" to "place."
|
place B to hear all appropriate persons at place
A.
|
|
section 49H(a)
|
all words from "courtroom" to "sitting"
|
place where a Territory entity is sitting
(place A)
|
|
section 49H(b)
|
made,
|
made (place B);
|
|
section 49H(c)
|
all words from "the courtroom" to
"submission"
|
place A to see all appropriate persons at place
B
|
|
section 49H(d)
|
all words from "the place" to "place."
|
place B to see all appropriate persons at place
A.
|
|
section 49I, heading
|
court
|
place where entity is sitting
|
|
section 49I(1)
|
all words from "Territory court" to "proceedings"
|
Territory entity is taken to be part of the place
where the entity is sitting for the purpose of conducting the
proceeding
|
|
section 49I(3)
|
court
(all references) courtroom or other
|
entity
|
|
section 49I(4)
|
proceedings, the court
|
a proceeding, the entity
|
|
section 49I(4)(a)
|
proceedings
|
proceeding
|
|
section 49I(4)(b)
|
court
|
entity
|
|
section 49J
|
court
(all references) |
entity
|
|
section 49K(a)
|
courtroom or other
court
|
entity
|
|
section 49K(b)
|
court
(all references) |
entity
|
|
section 49L(1)
|
Territory court
|
Territory entity
|
|
section 49L(1)(a)
|
courtroom or other
court
|
entity
|
|
section 49L(1)(b)(ii)
|
courtroom or other place
|
place where the entity is sitting
|
|
section 49M(1)
|
Territory court
|
Territory entity
|
|
section 49M(1)(a)
|
courtroom or other place where the
court
|
place where the entity
|
|
section 49M(1)(b)(ii)
|
courtroom or other place
|
place where the entity is sitting
|
|
section 49M(2)
|
court
(all references) courtroom or other
|
entity
|
|
Part 5, Division 3, heading
|
all words from "audio visual" to
"courts"
|
audiovisual links or audio links in Territory
proceedings
|
|
section 49N
|
all words from "any proceeding" to
"court"
|
any Territory proceeding
|
|
section 49P, heading
|
courts
|
entity
|
|
section 49P(1)
|
Territory court
before the court
audio visual
|
Territory entity
audiovisual
|
|
section 49P(2) to (4)
|
court
(all references) |
entity
|
|
section 49P(4)
|
audio visual
|
audiovisual
|
|
section 49Q, heading
|
audio visual
|
audiovisual
|
|
section 49Q
|
audio
visual
(all references) |
audiovisual
|
|
section 49Q(a)
|
all words from "courtroom" to "sitting"
|
place where a Territory entity is sitting
(place A)
|
|
section 49Q(b)
|
made,
|
made (place B);
|
|
section 49Q(c)
|
all words from "the courtroom" to
"submission"
|
place A to see and hear all appropriate persons at
place B
|
|
section 49Q(d)
|
all words from "the place" to "place."
|
place B to see and hear all appropriate persons at
place A.
|
|
section 49R(a)
|
all words from "courtroom" to "sitting"
|
place where a Territory entity is sitting
(place A)
|
|
section 49R(b)
|
made,
|
made (place B);
|
|
section 49R(c)
|
all words from "the courtroom" to
"submission"
|
place A to hear all appropriate persons at place
B
|
|
section 49R(d)
|
all words from "the place" to "place."
|
place B to hear all appropriate persons at place
A.
|
|
section 49S
|
court
(all references) audio visual
|
entity audiovisual
|
|
section 49T(a) and (b)
|
audio visual
proceeding before a Territory court
|
audiovisual
Territory proceeding
|
|
Part 5, Division 4, heading
|
all words from "audio visual" to
"States"
|
audiovisual links or audio links in
interstate proceedings
|
|
section 49U
|
all words from "any proceeding" to
"court"
|
any interstate proceeding
|
|
section 49V, heading
|
Recognised courts
|
Interstate entity
|
|
section 49V
|
A recognised court
a proceeding before it audio visual
|
An interstate entity
an interstate proceeding
audiovisual
|
|
section 49W, heading
|
recognised courts
|
interstate entity
|
|
section 49W(1) and (2)
|
recognised court
audio visual
|
interstate entity
audiovisual
|
|
section 49W(3)
|
recognised court
the court
|
interstate entity
the place where the entity is sitting
|
|
section 49X, heading
|
recognised court
|
interstate entity
|
|
section 49X
|
recognised court
|
interstate entity
|
|
section 49Y(1)
|
a recognised court
|
an interstate entity
|
|
section 49Y(3)(b)
|
accordingly,
|
accordingly;
|
|
section 49Z, heading
|
proceedings in courts of participating
States
|
interstate proceedings
|
|
section 49Z(1)
|
the proceeding of a recognised court
audio visual
|
an interstate proceeding
audiovisual
|
|
section 49Z(2)
|
the proceeding of a recognised court
audio visual
before
|
an interstate proceeding
audiovisual
in
|
|
section 49Z(3)
|
a proceeding of a recognised court by audio visual
|
an interstate proceeding by audiovisual
|
|
section 49ZA, heading
|
Recognised court
|
Interstate entity
|
|
section 49ZA(1)
|
A recognised court audio visual
the recognised court
|
An officer of an interstate entity
audiovisual
the interstate entity
|
|
section 49ZB, heading
|
recognised court
|
interstate entity
|
|
section 49ZB
|
court may, at the request of a recognised court
|
entity may, at the request of an interstate
entity
|
|
section 49ZB(b)
|
recognised court
|
interstate entity
|
|
section 49ZB(c)
|
the recognised court
|
an officer of the interstate entity
|
|
sections 49ZB(a), 50(4)(a) and (6)(a), 53(3)(a) to
(c), 56A(3)(a), 56B(2)(a), 56D(2)(a) and 56E(1)(a), at the end
|
|
and
|
|
section 49ZC, heading
|
recognised courts
|
interstate entity
|
|
section 49ZC
|
all words from "audio visual" to
"court:"
|
audiovisual link or audio link, in an interstate
proceeding:
|
|
section 49ZC(a)(ii)
|
that court
|
the interstate entity
|
|
section 49ZC(c)
|
court
|
interstate entity
|
|
section 50(3)
|
(2)(c), appropriate
|
(2)(c):
appropriate
|
|
section 50(6)(a), after "his"
|
|
or her
|
|
section 51(5)
|
section, examination
|
section:
examination
|
|
section 52(1)(b)
|
contemplated,
|
contemplated;
|
|
section 53(1)
|
the Court
|
the Supreme Court
|
|
section 53(6)(a) and (b), after "his"
|
|
or her
|
|
section 53(7)(a)
|
whole paragraph
|
(a) section 194 of the Evidence (NUL) Act
applies as if the order were a summons to attend; and
|
|
sections 54(1) and (3) and 55(a), after
"he"
|
|
or she
|
|
section 55(b)
|
true,
|
true;
|
|
section 56A(2)(c)
|
offence,
|
offence;
|
|
section 56C(a)
|
Court;
|
court; and
|
|
section 57(1)(b)
|
such proceeding,
|
the proceeding;
|
|
section 58, heading
|
Court
|
court
|
|
section 62A, heading
|
, &c.
|
etc.
|
|
section 62(2)
|
section, place
|
section:
place
|
section 32
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
Australian Crime Commission (Northern
Territory) Act
|
||
|
section 23(10)
|
legal professional
|
client legal
|
|
Business Tenancies (Fair Dealings)
Act
|
||
|
section 108(2)(c)
|
section 4 of the Evidence Act
|
Part 1 of the Dictionary at the end of the
Evidence (National Uniform Legislation) Act
|
|
Child Protection (Offender Reporting and
Registration) Act
|
||
|
section 87(3)
|
legal professional
|
client legal
|
|
Criminal Property Forfeiture
Act
|
||
|
section 165, heading
|
Legal professional
|
Client legal
|
|
section 165
|
the common law rules (including the exceptions)
relating to legal professional privilege apply
|
client legal privilege applies
|
|
Criminal Records (Spent Convictions)
Act
|
||
|
section 4(3)(a)
|
whole paragraph
|
(a) the Evidence (National Uniform Legislation)
Act; or
|
|
Financial Transaction Reports
Act
|
||
|
section 10, heading
|
legal professional
|
client legal
|
|
section 10
|
legal professional
|
client legal
|
|
Information Act
|
||
|
section 49(d)
|
legal professional
|
client legal
|
|
Legal Profession Act
|
||
|
section 565(1)
|
legal professional
|
client legal
|
|
section 703, heading
|
Professional
|
Client legal
|
|
section 703(2)
|
legal professional
|
client legal
|
|
Personal Injuries (Civil Claims)
Act
|
||
|
section 15(2)
|
the common law rule known as legal
professional
|
client legal
|
|
Petroleum (Submerged Lands)
Act
|
||
|
Schedule 4, clauses 35(1), 39(4) and
42(4)
|
legal professional
|
client legal
|
|
Public Interest Disclosure
Act
|
||
|
sections 37(1)(c) and 38(1)(b)
|
legal professional
|
client legal
|
|
Rail Safety Act
|
||
|
section 132(6)
|
legal professional
|
client legal
|
|
Residential Tenancies Act
|
||
|
section 142(2)(c)
|
within the meaning of the Evidence
Act
|
as defined in Part 1 of the Dictionary at the end of
the Evidence (National Uniform Legislation) Act
|
|
Swimming Pool Safety Act
|
||
|
section 43(5)(c)
|
within the meaning of the Evidence
Act
|
as defined in Part 1 of the Dictionary at the end of
the Evidence (National Uniform Legislation) Act
|
|
Terrorism (Emergency Powers)
Act
|
||
|
section 21ZT, heading
|
legal professional
|
client legal
|
|
section 21ZT
|
legal professional
|
client legal
|
|
The Commercial Bank of Australia Limited
(Merger) Act
|
||
|
section 9(1)
|
(1)
|
|
|
section 9(2) and (3)
|
whole subsection
|
|
|
The Commercial Banking Company of Sydney
Limited (Merger) Act
|
||
|
section 9(1)
|
(1)
|
|
|
section 9(2) and (3)
|
whole subsection
|
|
|
Waste Management and Pollution Control
Act
|
||
|
section 72(1)(d)
|
within the meaning of the Evidence
Act
|
as defined in Part 1 of the Dictionary at the end of
the Evidence (National Uniform Legislation) Act
|
|
Workers Rehabilitation and Compensation
Act
|
||
|
section 110B, heading
|
Legal professional
|
Client legal
|
|
section 110B(2)
|
The common law rule, known as legal professional
privilege,
|
Client legal privilege
|
[Index] [Search] [Download] [Related Items] [Help]