Western Australian Current Acts

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           Long Title

   1.      Short title
   3.      Terms used
   4.      Application of Act
   5A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
   5.      This Act not to derogate from existing powers
   6.      Witnesses interested or convicted of offence
   7.      Parties to civil proceedings and spouses and ex-spouses of parties
   8.      Accused persons in criminal cases
   9.      Spouses and ex-spouses of accused persons in criminal cases
   11.     Court may compel answer to incriminating question
   11A.    Judge may restrict publication of evidence where s. 11 certificate given
   12.     Witnesses in revenue cases may be compelled to give evidence
   13.     Certificate under s. 12 may be pleaded in bar to prosecution
   14.     Customs prosecutions, accused compellable
   15.     Persons may be examined without subpoena
   16.     Witnesses failing to attend trial
   17.     Procedure on non-appearance of witness
   18.     Communications during marriage
   19.     Evidence of non-access
   19A.    Terms used
   19B.    Protected communications recorded electronically
   19C.    Protected communications not to be disclosed in criminal proceedings except with leave of court
   19D.    Procedure on hearing of application for leave
   19E.    Application for leave to be dismissed if there is no legitimate forensic purpose for it
   19F.    Determination of application
   19G.    Public interest test
   19H.    Effect of consent
   19I.    Loss of sexual assault communications privilege: misconduct
   19J.    Ancillary orders
   19K.    Inadmissibility of evidence that must not be adduced or given
   19L.    Application of other laws
   19M.    Regulations as to disclosure of protected communications
   20A.    Terms used
   20B.    Application of protection provisions (PCR)
   20C.    Exclusion of evidence of protected confidences
   20D.    Loss of professional confidential relationship protection: consent
   20E.    Loss of professional confidential relationship protection: misconduct
   20F.    Ancillary orders
   20G.    Terms used
   20H.    Application of protection provisions (journalists)
   20I.    Protection of identity of informants
   20J.    Direction to give identifying evidence
   20K.    Effect of misconduct as to directions
   20L.    Identifying informant with consent
   20M.    Ancillary orders
   20.     How far a party may discredit his own witness
   21.     Cross-examination as to and proof of prior inconsistent statement
   22.     Procedure for purposes of s. 21
   23.     Cross-examination as to and proof of previous conviction
   24.     Questions tending to criminate
   25.     Cross-examination as to credit
   25A.    Cross-examination by accused in person
   26.     Improper questions
   27.     Prohibited questions not to be published
   27A.    Form of evidence
   27B.    Manner of giving voluminous or complex evidence
   29.     Intention to defraud, proof of
   30.     Proof by attesting witness unnecessary in certain cases
   31.     Comparison of disputed hand-writing
   31A.    Propensity and relationship evidence
   32.     Admissions by accused persons in criminal cases
   32A.    Derogation of privilege in civil proceedings
   35.     Perjury charge, corroboration not required
   36.     Perjury charge, proof of trial etc.
   36A.    Terms used
   36B.    Sexual reputation of complainant, evidence of
   36BA.   Sexual disposition of complainant, evidence of
   36BC.   Sexual experience of complainant, evidence of
   36BD.   Lack of complaint, jury warning about
   36BE.   Expert evidence of child behaviour
   36C.    Names of complainants not to be published
   40.     Customs prosecutions, effect of averments in
   41.     Customs prosecutions, proof of appointment of officers
   41A.    Stealing and receiving charges, evidence of ownership of property stolen from ships, wharves etc.
   42.     Evidence on trial for defamation
   44.     Stealing charges, proof of receipt of money by accused, proof of general deficiency
   45.     Seals and stamps for the revenue or post office, proof of
   46.     Receiving charges, proof of knowledge that goods were stolen
   46A.    Sunrise and sunset, proof of
   47.     Conviction, acquittal and identity, proof of
   49.     Actions for seduction
   50.     Corroboration warnings not generally required
   50A.    Transcripts, proof of
   50B.    DNA evidentiary certificate
   51.     Prisoner required to give evidence may be brought up on order
   52.     Expense of bringing up prisoner
   53.     Commonwealth and States etc., and their Acts to be judicially noticed
   54.     Seals of the Commonwealth and States to be judicially noticed
   55.     Official seals to be judicially noticed
   56.     Certain signatures to be judicially noticed
   57.     United Kingdom proclamations, regulations etc., proof of
   58.     Australasian proclamations, regulations etc., proof of
   59.     Customs Act 1901 (Cwlth) proclamations, regulations etc., proof of
   60.     Australian States’ proclamations and acts of State, proof of
   61.     WA proclamations, regulations etc., proof of
   62.     Documents admissible in United Kingdom etc. to be admissible in WA
   63.     Foreign States’ proclamations, acts of State etc., proof of
   64.     Foreign States’ proclamations etc. admissible even if not sealed
   65.     Copies of public documents admissible in some cases
   65A.    Certified photographs from library admissible
   66.     Parliamentary proceedings in Australasia, proof of
   67.     Certain documents admissible without proof of signature, seal etc.
   68.     Register of British vessels etc., proof of
   69.     Newspaper proprietors, proof of register of
   69A.    WA registers, proof of
   70.     Statutes etc. of any country, proof of
   71.     Certain law reports and texts may be referred to as evidence of laws
   72.     Authoritative texts on history, science etc., reference to
   73.     Documents admitted into evidence may be impounded
   73A.    Reproductions admissible (best evidence rule modified)
   73B.    Certified reproductions of certain public documents etc., admissible without further proof
   73BA.   Authenticated copies of certain public documents etc. admissible without further proof
   73N.    Reproductions of documents over 30 years old, presumptions as to
   73Q.    Reproduced official seals and signatures to be judicially noticed
   73U.    Reproduction admissible subject to Stamp Act 1921 or Duties Act 2008
   74.     Gazettes of certain places, proof of
   75.     Government Printers’ publications, proof of
   76.     Her Majesty’s Stationery Office publications, status of
   77.     Acts of governors and ministers of States, proof of
   78.     Local laws, by-laws and regulations, proof of
   79.     Incorporation of a company, proof of
   79A.    Document requiring attestation, proof of
   79B.    Terms used
   79C.    Documentary evidence, admissibility of
   79D.    Evidence admitted under s. 79C, weight and effect of
   79E.    Qualified person, evidence as to credibility of
   79F.    Dispute as to happening of event
   80.     Judgments, orders etc., proof of
   81.     Documents properly authenticated to be given faith and credit
   89.     Banker’s book entries are evidence of transactions etc.
   90.     Banker’s books, proof of
   91.     Banker’s books, copies to be certified
   92.     Bank accounts, bank officer may give evidence about
   92A.    Australian and foreign banks, application to of s. 89 to 92
   93.     Bank officers not compellable in some cases
   94.     Banker’s books, Supreme Court may order inspection of
   95.     Costs under s. 93 and 94
   96.     Supreme Court judge’s powers may be exercised by other judicial officers
   97.     Evidence to be on oath except in some cases
   100A.   Oath may be dispensed with in some cases
   102.    Interpreters, oaths etc. for
   103.    Interpreters, oath etc. may be dispensed with
   104A.   Person appointed by foreign court etc. may take or receive evidence and administer oath
   105.    Oaths, Affidavits and Statutory Declarations Act 2005, application of
   106A.   Terms used
   106B.   Children under 12 may give sworn evidence
   106C.   Child under 12 and mentally impaired witness may give unsworn evidence
   106D.   Corroboration warning on evidence of child not to be given
   106E.   Child witness entitled to support
   106F.   Child witness may be given assistance
   106G.   Cross-examination of protected witness by unrepresented accused
   106H.   Child’s statement to another admissible in Sch. 7 proceedings
   106HA.  Visual recording of interviews with children and persons with mental impairment
   106HB.  Admissibility in criminal proceedings of visual recording of interview with child or person with mental impairment
   106HC.  Regulations about visual recording of interviews with children and persons with mental impairment
   106HD.  Admissibility of visually recorded interviews generally
   106I.   Visual recording of child’s evidence, application for directions
   106K.   Child’s evidence in full, special hearing to take and record
   106M.   Recording not to be altered without approval
   106MA.  Unauthorised possession or dealing in video-taped evidence
   106MB.  Broadcast of video-taped evidence prohibited
   106N.   Video links or screening arrangements may be used
   106O.   Court may order that s. 106N does not apply
   106P.   Instructions to be given to jury
   106Q.   Identification of accused by child or special witness
   106R.   Special witnesses, measures to assist
   106RA.  Visually recording evidence of witnesses in criminal matters
   106S.   Special hearings to consider what orders should be made
   106T.   Use of recordings made under s. 106K or 106N
   109.    Terms used
   110.    Superior courts may make orders for obtaining evidence
   111.    Supreme Court may make orders for obtaining evidence for inferior courts
   112.    Exclusion of evidence in criminal proceeding
   113.    Operation of other laws
   114.    Regulations and rules of court for s. 109 to 113
   115.    Terms used
   116.    Application to Supreme Court for assistance in obtaining evidence for proceedings in other court
   117.    Supreme Court may make orders to assist in obtaining evidence
   118.    Privilege of witnesses
   118A.   Rules of court for s. 116 to
   118B.   Offence
   118C.   Operation of other laws
   119.    Service as witness etc., payments for
   120.    Terms used
   121.    WA court may take evidence or receive submission by video link or audio link
   122.    Counsel entitled to practise
   123.    Recognized court may take evidence or receive submission from person in this State
   124.    Recognized court’s powers
   125.    Recognized court may make orders
   126.    Enforcement of order under s. 125
   127.    Privileges, protection and immunity of participants in proceedings in recognized court
   128.    Recognized court may administer an oath in the State
   129.    Assistance to recognized court
   130.    Contempt of recognized court
   131.    Regulations for fees and expenses relating to use of video link or audio link
   132.    Operation of other laws
   133.    Regulations and rules of court for purposes of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 PART 2
           SCHEDULE 7
           Compilation table

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