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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Evidence Amendment Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 50B inserted 2
300--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Evidence Amendment Bill 2004
A Bill for
An Act to amend the Evidence Act 1906.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Evidence Amendment Act 2004.
page 1
Evidence Amendment Bill 2004
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendment in this Act is to the Evidence Act 1906*.
5 [* Reprint 12 as at 10 October 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 128 and
Act No. 4 of 2004.]
4. Section 50B inserted
10 After section 50A the following section is inserted --
"
50B. DNA evidentiary certificate
(1) In this section --
"authorised officer" means the person who holds the
15 office prescribed for the purposes of this
definition;
"business day" means a day that is not a Saturday,
Sunday or public holiday;
"DNA profile" means the result from DNA analysis;
20 "examination", of a thing, includes testing the thing;
"forensic scientist" means a person, or a person who
holds an office, prescribed for the purposes of this
definition;
"hearing day", for a criminal proceeding, means the
25 day fixed for the start of the trial of the
proceeding;
"party", to a criminal proceeding, means the
prosecutor or a person charged in the proceeding;
page 2
Evidence Amendment Bill 2004
s. 4
"thing" includes anything in or on or otherwise
attached to the thing.
(2) This section applies to a criminal proceeding.
(3) A certificate purporting to be signed by a forensic
5 scientist and stating any of the following matters is
evidence of the matter --
(a) that a stated thing was received at a stated
laboratory on a stated day;
(b) that the thing was examined at the laboratory
10 on a stated day or between stated days;
(c) that a DNA profile was, or a stated number of
DNA profiles were, obtained from the thing;
(d) that a forensic scientist --
(i) examined the laboratory's records
15 relating to the receipt, storage and
examination of the thing, including any
examination of the thing that was done
by a person other than the forensic
scientist; and
20 (ii) confirms that the records indicate that
all quality assurance procedures for the
receipt, storage and examination of the
thing that applied in the laboratory at
the time the thing was examined were
25 complied with.
(4) If a party intends to rely on the certificate, the party
must --
(a) at least 10 business days before the hearing day,
give a copy of the certificate to each other
30 party; and
(b) at the hearing, call the forensic scientist to give
evidence, unless the parties agree otherwise.
page 3
Evidence Amendment Bill 2004
s. 4
(5) If the authorised officer receives a written request from
a party for a copy of the laboratory's records relating to
the receipt, storage and examination of the thing, the
authorised officer must give the party a copy of the
5 records within 7 business days after receiving the
request.
(6) If a party intends to dispute a matter stated in the
certificate, the party must, at least 5 business days
before the hearing day, give the authorised officer and
10 each other party written notice of the matter to be
disputed.
(7) A party disputing a matter stated in the certificate may,
with the leave of the court, require the party relying on
the certificate to call any person involved in the receipt,
15 storage or examination of the thing to give evidence at
the hearing.
(8) The court may give leave only if satisfied --
(a) that an irregularity may exist in relation to the
receipt, storage or examination of the thing
20 about which the person to be called is able to
give evidence; and
(b) that it is in the interests of justice that the
person be called to give evidence.
(9) Any equipment used in examining the thing at the
25 laboratory is taken to have given accurate results in the
absence of evidence to the contrary.
(10) A document required to be given under this section
may be given personally, by post or by facsimile or
another form of electronic communication.
30 (11) On application made to it, the court may, before or
after a time fixed under this section expires, extend or
abridge the time by an order fixing, extending or
page 4
Evidence Amendment Bill 2004
s. 4
abridging the time, whether or not the application is
made before the time expires.
(12) The Governor may make regulations for the purposes
of the definitions of "authorised officer" and "forensic
5 scientist" in subsection (1).
".
page 5
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