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CONSTITUTION ACT 1975 - SECT 74 Copy of authenticated report thereof

CONSTITUTION ACT 1975 - SECT 74

Copy of authenticated report thereof

S. 74(1) amended by Nos 57/1989 s. 3(Sch. item 28.3), 95/1997

s. 3(c), 68/2009 s. 97(Sch. item 25.2).

    (1)     In any civil criminal or mixed proceeding for or on account or in respect of the publication, in written or electronic form, of any copy of such report paper votes or proceedings the defendant or accused at any stage of the proceeding may lay before the court such report paper votes or proceedings and such copy, with an affidavit verifying such report paper votes or proceedings and the correctness of such copy.

S. 74(2) amended by No. 57/1989 s. 3(Sch. item 28.4).

    (2)     The court shall immediately stay such proceeding; and the same and every writ or process issued therein shall be determined and superseded by virtue of this Act.

S. 74(3) amended by No. 68/2009 s. 97(Sch. item 25.3).

    (3)     It shall be lawful, in any civil criminal or mixed proceeding for printing any abstract of such report paper votes or proceedings, to give in evidence such report paper votes or proceedings, and to show that such abstract was published bona fide and without malice; and if such is the opinion of the judge or of the jury (as the case may be) in any such proceeding a judgment or a verdict (as the case may require) shall be entered for the defendant or accused.

S. 74AA inserted by No. 95/1997

s. 4.