Commonwealth Numbered Acts

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EVIDENCE ACT 1995 No. 2 of 1995 - SECT 179

Proof of identity of convicted persons-affidavits by members of State or Territory police forces
179. (1) This section applies if a member of a police force of a State or
Territory:

   (a)  makes an affidavit in the form prescribed by the regulations for the
        purposes of this section; and

   (b)  states in the affidavit that he or she is a fingerprint expert for
        that police force.

(2) For the purpose of proving before a court the identity of a person alleged
to have been convicted in that State or Territory of an offence, the affidavit
is evidence in a proceeding that the person whose fingerprints are shown on a
fingerprint card referred to in the affidavit and marked for identification:

   (a)  is the person referred to in a certificate of conviction, or certified
        copy of conviction annexed to the affidavit, as having been convicted
        of an offence; and

   (b)  was convicted of that offence; and

   (c)  was convicted of any other offence of which he or she is stated in the
        affidavit to have been convicted.

(3) For the purposes of this section, if a Territory does not have its own
police force, the police force performing the policing functions of the
Territory is taken to be the police force of the Territory. 


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