Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


EVIDENCE AMENDMENT BILL 2004

                     Western Australia


      Evidence Amendment Bill 2004

                        CONTENTS

1.   Short title                          1
2.   Commencement                         2
3.   The Act amended                      2
4.   Section 50B inserted                 2




                            300--1        page i
                           Western Australia


                      LEGISLATIVE ASSEMBLY



            Evidence Amendment Bill 2004


                               A Bill for


An Act to amend the Evidence Act 1906.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Evidence Amendment Act 2004.




                                                              page 1
     Evidence Amendment Bill 2004



     s. 2




     2.       Commencement
              This Act comes into operation on a day fixed by proclamation.

     3.       The Act amended
              The amendment in this Act is to the Evidence Act 1906*.
5             [* Reprint 12 as at 10 October 2003.
                 For subsequent amendments see Western Australian
                 Legislation Information Tables for 2003, Table 1, p. 128 and
                 Act No. 4 of 2004.]

     4.       Section 50B inserted
10            After section 50A the following section is inserted --
     "
            50B.    DNA evidentiary certificate
              (1)   In this section --
                    "authorised officer" means the person who holds the
15                       office prescribed for the purposes of this
                         definition;
                    "business day" means a day that is not a Saturday,
                         Sunday or public holiday;
                    "DNA profile" means the result from DNA analysis;
20                  "examination", of a thing, includes testing the thing;
                    "forensic scientist" means a person, or a person who
                         holds an office, prescribed for the purposes of this
                         definition;
                    "hearing day", for a criminal proceeding, means the
25                       day fixed for the start of the trial of the
                         proceeding;
                    "party", to a criminal proceeding, means the
                         prosecutor or a person charged in the proceeding;



     page 2
                                       Evidence Amendment Bill 2004



                                                                      s. 4



           "thing" includes anything in or on or otherwise
               attached to the thing.
     (2)   This section applies to a criminal proceeding.
     (3)   A certificate purporting to be signed by a forensic
5          scientist and stating any of the following matters is
           evidence of the matter --
             (a) that a stated thing was received at a stated
                   laboratory on a stated day;
             (b) that the thing was examined at the laboratory
10                 on a stated day or between stated days;
             (c) that a DNA profile was, or a stated number of
                   DNA profiles were, obtained from the thing;
             (d) that a forensic scientist --
                      (i) examined the laboratory's records
15                         relating to the receipt, storage and
                           examination of the thing, including any
                           examination of the thing that was done
                           by a person other than the forensic
                           scientist; and
20                   (ii) confirms that the records indicate that
                           all quality assurance procedures for the
                           receipt, storage and examination of the
                           thing that applied in the laboratory at
                           the time the thing was examined were
25                         complied with.
     (4)   If a party intends to rely on the certificate, the party
           must --
             (a) at least 10 business days before the hearing day,
                    give a copy of the certificate to each other
30                  party; and
             (b) at the hearing, call the forensic scientist to give
                    evidence, unless the parties agree otherwise.



                                                                page 3
     Evidence Amendment Bill 2004



     s. 4



               (5)   If the authorised officer receives a written request from
                     a party for a copy of the laboratory's records relating to
                     the receipt, storage and examination of the thing, the
                     authorised officer must give the party a copy of the
5                    records within 7 business days after receiving the
                     request.
               (6)   If a party intends to dispute a matter stated in the
                     certificate, the party must, at least 5 business days
                     before the hearing day, give the authorised officer and
10                   each other party written notice of the matter to be
                     disputed.
               (7)   A party disputing a matter stated in the certificate may,
                     with the leave of the court, require the party relying on
                     the certificate to call any person involved in the receipt,
15                   storage or examination of the thing to give evidence at
                     the hearing.
               (8)   The court may give leave only if satisfied --
                       (a)   that an irregularity may exist in relation to the
                             receipt, storage or examination of the thing
20                           about which the person to be called is able to
                             give evidence; and
                      (b)    that it is in the interests of justice that the
                             person be called to give evidence.
               (9)   Any equipment used in examining the thing at the
25                   laboratory is taken to have given accurate results in the
                     absence of evidence to the contrary.
              (10)   A document required to be given under this section
                     may be given personally, by post or by facsimile or
                     another form of electronic communication.
30            (11)   On application made to it, the court may, before or
                     after a time fixed under this section expires, extend or
                     abridge the time by an order fixing, extending or



     page 4
                                        Evidence Amendment Bill 2004



                                                                      s. 4



           abridging the time, whether or not the application is
           made before the time expires.
    (12)   The Governor may make regulations for the purposes
           of the definitions of "authorised officer" and "forensic
5          scientist" in subsection (1).
                                                                       ".




 


[Index] [Search] [Download] [Related Items] [Help]