Evidence Amendment Act 2002

Evidence Amendment Act 2002

An Act to amend the Evidence Act 2001

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 2002 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Evidence Act 2001 is referred to as the Principal Act.

4.    Section 194K amended (Publication of certain identifying particulars prohibited)

Section 194K of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(a) "address" and substituting "address,";

(b) by omitting from subsection (1)(a) "identification" and substituting "identification,";

(c) by omitting from subsection (1)(a)(i) " section 124 , 125 , 125A , 126 , 127 , 127A , 128 , 129 , 133 , 185 or 186 of the Criminal Code" and substituting " section 124 , 125 , 125A , 126 , 127 , 127A , 128 , 129 , 185 or 186 of the Criminal Code";

(d) by inserting in subsection (1)(a)(iii) ", other than the defendant," after "intended witness";

(e) by inserting the following subsection after subsection (1) :

(1A)  A person, in relation to any proceedings in any court, must not, without a court order, publish or cause to be published in any newspaper, journal, periodical or document or in any broadcast by means of wireless, telegraphy or television –

(a) the name, address, or any other reference or allusion likely to lead to the identification, of –

(i) any person in respect of whom a crime is alleged to have been committed under section 133 of the Criminal Code ; or

(ii) the person who is alleged to have committed that crime; or

(iii) any witness or intended witness in those proceedings; or

(b) any picture purporting to be a picture of any of those persons.

(f) by inserting in subsection (2) "under subsection (1) or (1A) " after "order";

(g) by inserting in subsection (3) "under subsection (1) or (1A) " after "order".

[Second reading presentation speech made in:

House of Assembly on 22 OCTOBER 2002

Legislative Council on 13 NOVEMBER 2002]