Australian Capital Territory Numbered Ordinances

Evidence (Amendment) Ordinance (No 2) 1990

AUSTRALIAN CAPITAL TERRITORY

Evidence (Amendment) Ordinance (No. 2) 1990

No. 10 of 1990

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 26 June 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

MICHAEL TATE

Minister of State for Justice and Consumer Affairs for and on
behalf of the Attorney-General

An Ordinance to amend the Evidence Ordinance 1971

Short title

1. This Ordinance may be cited as the Evidence (Amendment) Ordinance (No. 2) 1990.¹

Principal Ordinance

2. In this Ordinance, “Principal Ordinance” means the Evidence Ordinance 1971.²

Supreme Court trials—evidence of dead or absent persons

3. Section 73 of the Principal Ordinance is amended—

(a) by omitting from subsection (1) “he” and substituting “the person”;

(b) by omitting from paragraph (1) (c) “his” and substituting “that person’s”;

(c) by omitting from paragraph (2) (a) “sub-section (1) of section 60” and substituting “subsection 54A (2)”;

(d) by omitting from paragraph (2) (a) “sub-section (5) of that section” and substituting “subsection 255B (2) of that Ordinance”; and

(e) by omitting from paragraph (2) (b) “sub-section (2) of that section” and substituting “subsection 54A (3) of that Ordinance”.

Abolition of rules about corroboration

4. Section 76F of the Principal Ordinance is amended by adding at the end the following subsection:

“(4) Nothing in this section affects the operation of subsection 64 (3).”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 1990.

2. No. 4, 1971 as amended to date. For further amendments, see Note 2 to No. 4, 1990 and see also No. 4, 1990.