Evidence Amendment Act 1997

Evidence Amendment Act 1997

An Act to amend the Evidence Act 1910

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Evidence Amendment Act 1997 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Evidence Act 1910 is referred to as the Principal Act.

4.   Ex officio commissioners for declarations

Section 131B of the Principal Act is repealed and the following sections are substituted:

131B.   Ex officio commissioners for declarations

(1)  A person is a commissioner for declarations if the person has not attained the age of 70 years and –

(a) is authorised to practise as a member of a profession listed in Part 1 of the Schedule to the Statutory Declaration Regulations 1993 of the Commonwealth; or

(b) is a person listed in Part 2 of that Schedule; or

(c) is a member of a group of persons declared by the Attorney-General to be an occupational group for the purposes of this section.

(2)  The Attorney-General is to publish in the Gazette notice of any declaration under subsection (1)(c) and any revocation of such a declaration.

131BA.   Cessation of appointment

A person who, immediately before the commencement of the Evidence Amendment Act 1997 , was a commissioner for declarations by virtue of section 131B is taken to have ceased to be a commissioner on the commencement of that Act.

5.    Section 131C substituted

Section 131C of the Principal Act is repealed and the following section is substituted:

131C.   Title to be shown

If a commissioner for declarations signs in that capacity, the commissioner is to add after his or her signature –

(a) "Commissioner for Declarations"; and

(b) his or her title, if qualified as a commissioner under section 131B .

6.    Section 131D amended (Effect of commissioner ceasing to hold office)

Section 131D of the Principal Act is amended by omitting "as a result of reaching the age of 70 years or ceasing to hold a prescribed office or position".

[Second reading presentation speech made in:

House of Assembly on 1 OCTOBER 1997

Legislative Council on 16 OCTOBER 1997]