Law and Justice Legislation Amendment Act 1997 (34 of 1997)

Schedule 6   Amendment of the Evidence Act 1995

14   At the end of section 128 (before the notes)

Add:

(10) If a person has been given a certificate under a prescribed State or Territory provision in respect of evidence given by the person in a proceeding in a State or Territory court, the certificate has the same effect, in a proceeding to which this subsection applies, as if it had been given under this section.

(11) The following are prescribed State or Territory provisions for the purposes of subsection (10):

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

(b) a provision of a law of a State or Territory declared by the regulations to be a prescribed State or Territory provision for the purposes of subsection (10).

(12) Subsection (10) applies to:

(a) a proceeding in relation to which this Act applies because of section 4; and

(b) a proceeding for an offence against a law of the Commonwealth or for the recovery of a civil penalty under a law of the Commonwealth, other than a proceeding referred to in paragraph (a).

(13) Until the day fixed under subsection 4(6), subsection (10) applies to a proceeding for an offence against a law of the Australian Capital Territory or for the recovery of a civil penalty under such a law, other than a proceeding referred to in paragraph (12)(a).

Note: The NSW Act does not contain provisions corresponding to subsection (10) to (13).