Evidence Act 1910 amended
36 Evidence Act 1910 amended
Section 44 of the Evidence Act 1910 is amended as follows:by inserting after subsection (1) the following subsections:On and after the commencement of the Legislation Publication Act 1996, a document or other matter purporting to be a copy of an Act or a statutory rule produced under section 6(10) of the Legislation Publication Act 1996 is to be taken in all circumstances and for all purposes to be a copy of the authorised version of the Act or statutory rule as at the date appearing on the certificate referred to in section 6(9) of the Legislation Publication Act 1996. A statement on a document or other matter purporting to be a copy of an Act or a statutory rule produced under section 6(10) of the Legislation Publication Act 1996 that the copy has been produced with the approval of the Chief Parliamentary Counsel is evidence that it has been so produced.by inserting in subsection (2) ", other than this State" after "State".
Section 49 of the Evidence Act 1910 is amended by inserting after subsection (1) the following subsection:Notwithstanding subsection (1), on and after the commencement of the Legislation Publication Act 1996, evidence of a statutory rule, within the meaning of the Rules Publication Act 1953, that is on the database, within the meaning of the Legislation Publication Act 1996, may only be given by the production of a document or other matter purporting to be a copy of the statutory rule produced under section 6(10) of the Legislation Publication Act 1996.
Section 51 of the Evidence Act 1910 is amended by inserting after subsection (2) the following subsection:Subsection (1) does not apply to a statutory rule, within the meaning of the Rules Publication Act 1953, that is on the database, within the meaning of the Legislation Publication Act 1996.
After section 60A of the Evidence Act 1910, the following section is inserted:Certificate of Chief Parliamentary Counsel to be evidence A certificate of the Chief Parliamentary Counsel that an Act or statutory rule is not on the database, within the meaning of the Legislation Publication Act 1996, is to be taken in all circumstances and for all purposes to be evidence of that fact.
Section 65 of the Evidence Act 1910 is amended by inserting "other than this State," after "State," (first occurring).
Section 73 of the Evidence Act 1910 is amended by inserting after subsection (1) the following subsections:On and after the commencement of the Legislation Publication Act 1996, subsection (1) does not apply to statutory rules, within the meaning of the Rules Publication Act 1953, on the database, within the meaning of the Legislation Publication Act 1996. On and after the commencement of the Legislation Publication Act 1996, where by any Act of the State power to make statutory rules, within the meaning of the Rules Publication Act 1953, is conferred on any person or body corporate or unincorporate, a document or other matter purporting to be a copy of the statutory rules produced under section 6(10) of the Legislation Publication Act 1996 is evidence – that statutory rules in the form contained in the document or other matter were duly made by that person or body corporate or unincorporate; and that all things necessary to give validity to the statutory rules have been duly done and that they are in force.
Part II of Schedule 4 to the Evidence Act 1910 is amended by inserting "Chief Parliamentary Counsel" before "Chief Superindendent of the Prison Service".
The amendments effected by this section have been incorporated into the authorised version of the Evidence Act 1910.
This Act’s bill:Explanatory notesSecond reading speech
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