Australian Capital Territory
Evidence (Consequential Amendments) Act 2011
A2011-48
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended—sch 1	2
	4	Repeal of Evidence Act 1971	2
Schedule 1	Legislation amended	3
Part 1.1	Administration and Probate Act 1929	3
Part 1.2	Adoption Act 1993	3
Part 1.3	Animal Welfare Act 1992	4
Part 1.4	Associations Incorporation Act 1991	4
Part 1.5	Australian-American Educational Foundation Act 1966	4
Part 1.6	Building Act 2004	4
Part 1.7	Casino Control Act 2006	4
Part 1.8	Children and Young People Act 2008	5
Part 1.9	Civil Law (Wrongs) Act 2002	5
Part 1.10	Confiscation of Criminal Assets Act 2003	6
Part 1.11	Court Procedures Act 2004	6
Part 1.12	Crimes Act 1900	7
Part 1.13	Crimes (Forensic Procedures) Act 2000	8
Part 1.14	Crimes (Sentence Administration) Act 2005	8
Part 1.15	Criminal Code 2002	8
Part 1.16	Domestic Violence and Protection Orders Act 2008	9
Part 1.17	Domestic Violence and Protection Orders Regulation 2009	9
Part 1.18	Evidence Act 2011	10
Part 1.19	Evidence (Miscellaneous Provisions) Act 1991	10
Part 1.20	Housing Assistance Act 2007	12
Part 1.21	Human Rights Commission Act 2005	12
Part 1.22	Legislation Act 2001	12
Part 1.23	Magistrates Court Act 1930	13
Part 1.24	Mediation Act 1997	14
Part 1.25	National Environment Protection Council Act 1994	14
Part 1.26	Nature Conservation Act 1980	15
Part 1.27	Oaths and Affirmations Act 1984	15
Part 1.28	Parentage Act 2004	16
Part 1.29	Partnership Act 1963	16
Part 1.30	Planning and Development Act 2007	16
Part 1.31	Public Health Act 1997	17
Part 1.32	Public Trustee Act 1985	17
Part 1.33	Sale of Motor Vehicles Act 1977	17
Part 1.34	Salvation Army Property Trust Act 1934	17
Part 1.35	Spent Convictions Act 2000	18
Part 1.36	Supreme Court Act 1933	18
Part 1.37	Uniting Church in Australia Act 1977	18

Australian Capital Territory
Evidence (Consequential Amendments) Act 2011
A2011-48

An Act to amend legislation because of the enactment of the Evidence Act 2011, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Evidence (Consequential Amendments) Act 2011.
2	Commencement
	(1)	This Act (other than schedule 1, part 1.9) commences on the commencement of the Evidence Act 2011, section 3.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	The Evidence (Miscellaneous Provisions) Amendment Act 2011 makes amendments to the Evidence (Miscellaneous Provisions) Act 1991, pt 5 and pt 7 that will commence immediately before the commencement of this Act, sch 1, pt 1.19.
	(2)	Schedule 1, part 1.9 commences on a day fixed by the Minister by written notice.
	(3)	If schedule 1, part 1.9 has not commenced within 1 year beginning on this Act’s notification day, it automatically commences on the first day after that period.
	(4)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
3	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.
4	Repeal of Evidence Act 1971
The Evidence Act 1971 (A1971-4) is repealed.

Schedule 1	Legislation amended
(see s 3)
Part 1.1	Administration and Probate Act 1929
[1.1]	New section 9C
insert
9C	Evidentiary effect of probate and letters of administration
	(1)	The probate of a will or letters of administration with a will annexed are evidence of the execution of the will.
	(2)	The copy of a will annexed to a probate or to letters of administration is evidence of the contents of the will.
	(3)	The probate of a will is evidence of the death of the testator and, if the probate states the date of death of the testator, of the date of death.
	(4)	Letters of administration of the estate of a deceased person are evidence of the death of the person and, if the letters of administration state the date of death of the person, of the date of death.
Note	The Evidence Act 2011, s 92 (1) deals with the admission or use of the grant of probate or letters of administration to prove the death, or date of death, of a person or the execution of a testamentary document.
Part 1.2	Adoption Act 1993
[1.2]	Section 117
omit
Part 1.3	Animal Welfare Act 1992
[1.3]	Section 98 (1), note
omit
Part 1.4	Associations Incorporation Act 1991
[1.4]	Section 115 (3)
omit
[1.5]	Section 115 (4) (a)
omit
, or an extract from,
Part 1.5	Australian-American Educational Foundation Act 1966
[1.6]	Section 5 (3)
omit
Part 1.6	Building Act 2004
[1.7]	Section 148, note
omit
Part 1.7	Casino Control Act 2006
[1.8]	Section 142 (3)
omit
Part 1.8	Children and Young People Act 2008
[1.9]	Section 875 (2), example
omit
·	Evidence Act 1995 (Cwlth)
substitute
·	Evidence Act 2011
Part 1.9	Civil Law (Wrongs) Act 2002
[1.10]	Chapter 6
omit
[1.11]	Dictionary, definitions of agreed expert and appointed expert
omit
[1.12]	Dictionary, definition of claim, paragraph (b)
omit
[1.13]	Dictionary
omit the definitions of
evidence
expert
expert medical evidence
medical issue
Part 1.10	Confiscation of Criminal Assets Act 2003
[1.14]	Division 13.4 heading, note
omit
Evidence Act 1995 (Cwlth)
substitute
Evidence Act 2011
[1.15]	Section 248, note 1
omit
Evidence Act 1995 (Cwlth)
substitute
Evidence Act 2011
Part 1.11	Court Procedures Act 2004
[1.16]	Section 41 (2) (c)
omit
section 9 (Consequential orders)
substitute
section 11 (Consequential orders—pt 2)
[1.17]	New part 6A
insert
Part 6A	Procedural provisions—criminal proceedings
55	Provision of interpreters
	(1)	This section applies if—
	(a)	evidence is to be given by a witness in a criminal proceeding through an interpreter; and
	(b)	either—
	(i)	the witness does not wish to provide the interpreter; or
	(ii)	the court considers that the person provided, or proposed to be provided, by the witness as an interpreter is not competent to interpret for the witness in the proceeding.
Note	The Evidence Act 2011, s 30 provides that a witness in a proceeding in an ACT court may give evidence through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, a question put to the witness.
	(2)	The prosecutor must provide a person who is competent to interpret for the witness in the proceeding.
Part 1.12	Crimes Act 1900
[1.18]	Section 439 (6)
omit
Part 1.13	Crimes (Forensic Procedures) Act 2000
[1.19]	Section 42 (4), note 2
omit
outside ACT
substitute
participating States
Part 1.14	Crimes (Sentence Administration) Act 2005
[1.20]	Section 211 (3), note
substitute
Note	For the admissibility of a record of a proceeding, see the Evidence Act 2011, s 157.
Part 1.15	Criminal Code 2002
[1.21]	Section 704 (2)
omit
Evidence Act 1995 (Cwlth), section 13 (Competence: lack of capacity)
substitute
Evidence Act 2011, section 13 (Competence—lack of capacity)
Part 1.16	Domestic Violence and Protection Orders Act 2008
[1.22]	Section 110
omit
Part 1.17	Domestic Violence and Protection Orders Regulation 2009
[1.23]	Part 5 heading, note
substitute
Note	The Evidence Act 2011 deals with the following areas:
·	examination on oath (see s 21)
·	court control over conduct of hearing (see div 2.1.3)
·	privileges (see pt 3.10)
·	proof of court documents (see s 157)
·	requests to produce documents or call witnesses (see div 4.6.1).
[1.24]	Section 53 (3), note
omit
Evidence Act 1995 (Cwlth)
substitute
Evidence Act 2011
Part 1.18	Evidence Act 2011
[1.25]	Section 8, new examples
before the note, insert
Examples
1	Bail Act 1992, s 19 (2)
2	Evidence (Miscellaneous Provisions) Act 1991, pt 5
[1.26]	Section 8, new note 2
insert
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
[1.27]	Dictionary, note 2
insert
·	office
Part 1.19	Evidence (Miscellaneous Provisions) Act 1991
[1.28]	Part 5 heading
substitute
Part 5	Certain evidence under court rules not admissible
[1.29]	New division 7.3
insert
Division 7.3	Evidence in any proceedings—extended application of Evidence Act 
105	Extended application of Evidence Act—interpreters
The Evidence Act 2011, section 30 applies to a proceeding in an evidence receiving entity.
Note 1	Proceeding—see the Legislation Act, dictionary, pt 1.
Note 2	The Evidence Act 2011, s 30 provides that a witness in a proceeding in an ACT court may give evidence through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, a question put to the witness.
[1.30]	Dictionary, definition of ACT court, new note
insert
Note	ACT court means the Supreme Court or Magistrates Court, and includes an entity that, in exercising a function under a territory law, is required to apply the laws of evidence.
[1.31]	Dictionary, definition of evidence receiving entity, new examples
insert
Examples
1	ACAT
2	judicial commission
3	remuneration tribunal
4	sentence administration board
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Part 1.20	Housing Assistance Act 2007
[1.32]	Section 9 (2), note
omit
Part 1.21	Human Rights Commission Act 2005
[1.33]	Section 66 (2)
omit
Evidence Act 1995 (Cwlth)
substitute
Evidence Act 2011
Part 1.22	Legislation Act 2001
[1.34]	Section 170 (2) and note
substitute
	(2)	However, this section does not affect the operation of the Evidence Act 2011.
Note	The Evidence Act 2011, s 128 contains provisions that apply if a witness raises these privileges in a proceeding.  The privileges have been abolished for bodies corporate (see Evidence Act 2011, s 187).
[1.35]	Section 171 (2) and note
substitute
	(2)	However, this section does not affect the operation of the Evidence Act 2011.
Note	The Evidence Act 2011, div 3.10.1 contains provisions about client legal privilege.  
[1.36]	Section 250 (2) and note
substitute
	(2)	However, subsection (1) does not affect the operation of the Evidence Act 2011, section 160 (Postal articles).
Note	The Evidence Act 2011, s 160 provides a rebuttable presumption that a postal article sent by prepaid post addressed to a person at an address in Australia or an external territory was received on the 4th working day after posting.
[1.37]	Dictionary, part 1, definition of oath, note
substitute
Note	The Evidence Act 2011, div 2.1.2 and the Oaths and Affirmations Act 1984 deal with oaths and affirmations.
Part 1.23	Magistrates Court Act 1930
[1.38]	Section 141 (5)
omit
[1.39]	Section 317 (3) and (4)
omit
section 315 (6)
substitute
section 315 (5)
Part 1.24	Mediation Act 1997
[1.40]	Section 9
substitute
9	Admissibility of evidence
	(1)	Evidence of mediation material is not admissible in a proceeding except in accordance with the Evidence Act 2011, section 131 (Exclusion of evidence of settlement negotiations).
	(2)	In this section:
mediation material means—
	(a)	a communication made in a mediation session; or
	(b)	a document, whether delivered or not, prepared—
	(i)	for or during a mediation session; or
	(ii)	following a decision made or undertaking given in a mediation session.
Part 1.25	National Environment Protection Council Act 1994
[1.41]	Section 34 (4)
omit
Part 1.26	Nature Conservation Act 1980
[1.42]	Section 138 (2)
omit
Part 1.27	Oaths and Affirmations Act 1984
[1.43]	Section 2, notes 1 and 2
substitute
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
[1.44]	Dictionary, definitions of court and proceeding
substitute
court includes a tribunal or person having authority to receive evidence—
	(a)	under a law in force in the ACT; or 
	(b)	by consent of parties.
proceeding means a matter or inquiry, whether civil or criminal, heard or conducted by a court in which evidence is, or may be, received.
Part 1.28	Parentage Act 2004
[1.45]	Section 48
substitute
48	Proof of orders etc about parentage 
In any proceeding in a Territory court, a document purporting to be any of the following is evidence of the facts stated in it and the matters appearing from it:
	(a)	an order or declaration made under this Act; 
	(b)	an official certificate, entry or record of the making of the order or declaration.
Note	A certified copy or extract from an order, declaration or certificate is admissible in a proceeding in a Territory court (see Evidence Act 2011, s 155 and s 156).
Part 1.29	Partnership Act 1963
[1.46]	Section 85 (1), note
omit
Part 1.30	Planning and Development Act 2007
[1.47]	Section 47 (2), note
omit
Part 1.31	Public Health Act 1997
[1.48]	Section 135
omit everything before subsection (2), substitute
135	Evidence—costs and expenses	
Part 1.32	Public Trustee Act 1985
[1.49]	Section 23A (6), definition of legal record, note
omit
Evidence Act 1995 (Cwlth)
substitute
Evidence Act 2011
Part 1.33	Sale of Motor Vehicles Act 1977
[1.50]	Section 88 (2)
omit
Part 1.34	Salvation Army Property Trust Act 1934
[1.51]	Section 10
omit
, as the case may be, and judicial notice shall be taken of the signature of the secretary for the time being on every such certificate
Part 1.35	Spent Convictions Act 2000
[1.52]	Section 19 (9) (b)
substitute
	(b)	the Evidence Act 2011, part 3.5 (Evidence of judgments and convictions) and part 3.8 (Character).
Part 1.36	Supreme Court Act 1933
[1.53]	Section 68C (4)
omit
Part 1.37	Uniting Church in Australia Act 1977
[1.54]	Section 9 (5)
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 20 October 2011.
2	Notification
	Notified under the Legislation Act on 22 November 2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Evidence (Consequential Amendments) Bill 2011, which was passed by the Legislative Assembly on 15 November 2011. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2011