Evidence Amendment Regulations 2011

Evidence Amendment Regulations 2011

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Evidence Act 2001 .

2 May 2011

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

DAVID BARTLETT

Minister for Justice

1.   Short title

These regulations may be cited as the Evidence Amendment Regulations 2011 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Evidence Regulations 2002 are referred to as the Principal Regulations.

4.    Regulation 6A inserted

After regulation 6 of the Principal Regulations , the following regulation is inserted:

6A.   Privilege against self-incrimination – prescribed State and Territory provisions

(1)  Pursuant to section 128(13) of the Act, the following provisions of State and Territory laws are declared to be prescribed State and Territory provisions for the purposes of section 128(12) of the Act:

(a) section 61 of the Coroners Act 2009 of New South Wales;

(b) section 128 of the Evidence Act 1995 of New South Wales;

(c) section 57 of the Coroners Act 2008 of Victoria;

(d) section 128 of the Evidence Act 2008 of Victoria;

(e) section 11 of the Evidence Act 1906 of Western Australia;

(f) section 47 of the Coroners Act 1996 of Western Australia;

(g) section 128 of the Evidence Act 2004 of Norfolk Island.

(2)  Pursuant to section 128A(12) of the Act, the following provisions of State and Territory laws are declared to be prescribed State and Territory provisions for the purposes of section 128A(11) of the Act:

(a) section 128A of the Evidence Act 1995 of New South Wales;

(b) section 128A of the Evidence Act 2008 of Victoria.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 11 May 2011

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Evidence Regulations 2002 by declaring certain provisions of State and Territory laws to be prescribed State and Territory provisions for the purposes of sections 128(12) and 128A(11) of the Evidence Act 2001 , with the result that a certificate of privilege in respect of self-incrimination given under those provisions has effect in certain proceedings in Tasmanian courts.