Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Evidence Act 1906 and
includes the amendments made by the other written laws referred to in the
following table 1M, 1a, 9, 10. The table also
contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
28 of 1906 |
14 Dec 1906 |
14 Dec 1906 |
|
|
Evidence Act Amendment Act 1913 |
16 of 1913 |
30 Dec 1913 |
30 Dec 1913 |
|
Evidence Act Amendment Act 1921 |
19 of 1921 |
29 Nov 1921 |
29 Nov 1921 |
|
8 of 1925 |
24 Sep 1925 |
24 Sep 1925 |
|
|
Reprint of the Evidence Act 1906 in Appendix
Session Volume 1928 |
|||
|
Evidence Act Amendment Act 1930 |
34 of 1930 |
22 Dec 1930 |
22 Dec 1930 |
|
Matrimonial Causes and Personal Status Code 1948
s. 3(2) |
73 of 1948 |
4 Mar 1949 |
1 Jan 1950 (see s. 1 and Gazette
19 Oct 1949 p. 2499) |
|
Reprint of the Evidence Act 1906 approved
13 Jun 1956 in Volume 10 of Reprinted Acts (includes amendments
listed above) |
|||
|
Evidence Act Amendment Act 1956 |
16 of 1956 |
26 Oct 1956 |
26 Oct 1956 |
|
Evidence Act Amendment Act 1960 |
10 of 1960 |
6 Oct 1960 |
6 Oct 1960 |
|
Evidence Act Amendment Act 1962 |
12 of 1962 |
1 Oct 1962 |
1 Oct 1962 |
|
Evidence Act Amendment Act 1963 |
54 of 1963 |
17 Dec 1963 |
1 Jul 1964 (see s. 2 and Gazette
26 Jun 1964 p. 2525) |
|
Evidence Act Amendment Act 1964 |
11 of 1964 |
2 Oct 1964 |
2 Oct 1964 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see
s. 2(1)); |
|
|
Reprint of the Evidence Act 1906 approved
4 Aug 1966 (not in a Volume) |
|||
|
Evidence Act Amendment Act 1966 |
20 of 1966 |
17 Oct 1966 |
1 Feb 1967 (see s. 2 and Gazette
20 Jan 1967 p. 89) |
|
Evidence Act Amendment Act 1967 |
23 of 1967 |
27 Oct 1967 |
27 Oct 1967 |
|
Evidence Act Amendment Act (No. 2)
1967 |
69 of 1967 |
5 Dec 1967 |
5 Dec 1967 |
|
Reprint of the Evidence Act 1906 approved
2 Jul 1971 (includes amendments listed above) |
|||
|
Evidence Act Amendment Act 1971 |
41 of 1971 |
10 Dec 1971 |
10 Dec 1971 |
|
Evidence Act Amendment Act 1975 |
61 of 1975 |
24 Oct 1975 |
24 Oct 1975 |
|
Evidence Act Amendment Act (No. 2)
1975 |
90 of 1975 |
20 Nov 1975 |
20 May 1977 (see s. 2 and Gazette
20 May 1977 p. 1489) |
|
Acts Amendment (Expert Evidence) Act 1976
Pt. I |
111 of 1976 |
25 Nov 1976 |
25 Nov 1976 |
|
Evidence Act Amendment Act (No. 2)
1976 |
142 of 1976 |
13 Dec 1976 |
13 Dec 1976 |
|
Evidence Act Amendment Act 1976 |
145 of 1976 |
13 Dec 1976 |
20 May 1977 (see s. 2 and Gazette
20 May 1977 p. 1489) |
|
Reprint of the Evidence Act 1906 approved
4 Nov 1977 (includes amendments listed above) |
|||
|
Evidence Act Amendment Act 1978 |
33 of 1978 |
21 Aug 1978 |
21 Aug 1978 |
|
Evidence Act Amendment Act (No. 2)
1978 |
111 of 1978 |
12 Dec 1978 |
12 Dec 1978 |
|
Acts Amendment (Master, Supreme Court) Act 1979
Pt. X |
67 of 1979 |
21 Nov 1979 |
11 Feb 1980 (see s. 2 and Gazette
8 Feb 1980 p. 383) |
|
Reprint of the Evidence Act 1906 approved
28 Jan 1981 (includes amendments listed above) |
|||
|
Companies (Consequential Amendments) Act 1982
s. 28 |
10 of 1982 |
14 May 1982 |
1 Jul 1982 (see s. 2(1) and
Gazette 25 Jun 1982 p. 2079) |
|
Acts Amendment (Betting and Gaming) Act 1982
Pt. IV |
108 of 1982 |
7 Dec 1982 |
31 Dec 1982 (see s. 2 and Gazette
31 Dec 1982 p. 4968) |
|
14 of 1985 |
12 Apr 1985 |
1 Jul 1985 (see s. 2 and Gazette
28 Jun 1985 p. 2291) |
|
|
Acts Amendment (Sexual Assaults) Act 1985
Pt. III |
74 of 1985 |
20 Nov 1985 |
1 Apr 1986 (see s. 2 and Gazette
28 Feb 1986 p. 605) |
|
Reprint of the Evidence Act 1906 as at
14 Aug 1986 (includes amendments listed above) |
|||
|
Acts Amendment (Recording of Depositions) Act 1986
Pt. III |
81 of 1986 |
9 Dec 1986 |
1 Aug 1987 (see s. 2 and Gazette
10 Jul 1987 p. 2607) |
|
Evidence Amendment Act 1987 |
66 of 1987 |
1 Dec 1987 |
s. 1 and 2:
1 Dec 1987; |
|
Criminal Law Amendment Act 1988
Pt. 3 |
70 of 1988 |
15 Dec 1988 |
1 Feb 1989 (see s. 2(1) and
Gazette 20 Jan 1989 p. 110) |
|
Evidence Amendment Act 1989 |
34 of 1989 |
22 Dec 1989 |
s. 1 and 2:
22 Dec 1989; |
|
Evidence Amendment
Act 1990 2 |
47 of 1990 |
4 Dec 1990 |
4 Dec 1990 (see s. 2) |
|
Children’s Court of Western Australia Amendment Act
(No. 2) 1991 s. 23 |
15 of 1991 |
21 Jun 1991 |
9 Aug 1991 (see s. 2(2) and
Gazette 9 Aug 1991 p. 4101) |
|
Acts Amendment (Evidence) Act 1991
Pt. 2 |
48 of 1991 |
17 Dec 1991 |
31 Mar 1992 (see s. 2 and Gazette
24 Mar 1992 p. 1317) |
|
Acts Amendment (Sexual Offences) Act 1992
Pt. 4 |
14 of 1992 |
17 Jun 1992 |
1 Aug 1992 (see s. 2 and Gazette
28 Jul 1992 p. 3671) |
|
Reprint of the Evidence Act 1906 as at
1 Aug 1992 (includes amendments listed above) |
|||
|
Acts Amendment (Evidence of Children and Others)
Act 1992 Pt. 2 |
36 of 1992 |
22 Sep 1992 |
16 Nov 1992 (see s. 2 and Gazette
6 Nov 1992 p. 5415) |
|
Acts Amendment (Jurisdiction and Criminal Procedure)
Act 1992 Pt. 6 |
53 of 1992 |
9 Dec 1992 |
9 Dec 1992 (see s. 2) |
|
Financial Administration Legislation Amendment
Act 1993 s. 13 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Acts Amendment (Ministry of Justice) Act 1993
Pt. 9 |
31 of 1993 |
15 Dec 1993 |
1 Jul 1993 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Criminal Law Amendment Act 1994
s. 13(4) |
82 of 1994 |
23 Dec 1994 |
20 Jan 1995
(see s. 2(2)) |
|
Stamp Amendment Act 1995
s. 9 |
41 of 1995 |
24 Oct 1995 |
24 Oct 1995 (see s. 2) |
|
Coroners Act 1996 s. 61 |
2 of 1996 |
24 May 1996 |
7 Apr 1997 (see s. 2 and Gazette
18 Mar 1997 p. 1529) |
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996
(see s. 2(1)) |
|
Reprint of the Evidence Act 1906 as at
10 Sep 1996 (includes amendments listed above except those in the
Coroners Act 1996) |
|||
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996
(see s. 2(1)) |
|
Mental Health (Consequential Provisions) Act 1996
Pt. 7 |
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 57 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997
(see s. 2(1)) |
|
Acts Amendment (Abortion) Act 1998
s. 6 11 |
15 of 1998 |
26 May 1998 |
26 May 1998 (see s. 2) |
|
Acts Repeal and Amendment (Births, Deaths and Marriages
Registration) Act 1998 s. 12 |
40 of 1998 |
30 Oct 1998 |
14 Apr 1999 (see s. 2 and Gazette
9 Apr 1999 p. 1433) |
|
Acts Amendment (Video and Audio Links) Act 1998
Pt. 3 8 |
48 of 1998 |
19 Nov 1998 |
18 Jan 1999 (see s. 2 and Gazette
15 Jan 1999 p. 109) |
|
56 of 1998 |
11 Jan 1999 |
22 Nov 1999 (see s. 2 and Gazette
22 Nov 1999 p. 5843) |
|
|
Acts Amendment and Repeal (Financial Sector Reform)
Act 1999 s. 78 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and
Gazette 30 Jun 1999 p. 2905) |
|
Reprint of the Evidence Act 1906 as at
22 Nov 1999 (includes amendments listed above) |
|||
|
Prostitution Act 2000 s. 64
|
17 of 2000 |
22 Jun 2000 |
29 Jul 2000 (see s. 2 and Gazette
28 Jul 2000 p. 3987) |
|
Criminal Property Confiscation (Consequential Provisions)
Act 2000 s. 14 12 |
69 of 2000 |
6 Dec 2000 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7903) |
|
Acts Amendment (Evidence) Act 2000
Pt. 2 |
71 of 2000 |
6 Dec 2000 |
3 Jan 2001 |
|
Reprint of the Evidence Act 1906 as at
4 Jan 2001 (includes amendments listed above) |
|||
|
Criminal Law Amendment Act 2001
s. 10(3) |
23 of 2001 |
26 Nov 2001 |
24 Dec 2001 |
|
Acts Amendment (Lesbian and Gay Law Reform) Act 2002
s. 35(2) and 41(3) |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette
20 Sep 2002 p. 4693) |
|
Criminal Law (Procedure) Amendment Act 2002
Pt. 4 Div. 5 |
27 of 2002 |
25 Sep 2002 |
27 Sep 2002 (see s. 2 and Gazette
27 Sep 2002 p. 4875) |
|
Taxation Administration (Consequential Provisions)
Act 2002 s. 11 13 |
45 of 2002 |
20 Mar 2003 |
1 Jul 2003 (see s. 2(1) and Gazette
27 Jun 2003 p. 2383) |
|
Transfer of Land Amendment Act 2003
s. 85 |
6 of 2003 |
25 Mar 2003 |
3 May 2003 (see s. 2 and Gazette
2 May 2003 p. 1491) |
|
Coroners Amendment Act 2003
s. 15 |
15 of 2003 |
17 Apr 2003 |
16 Jul 2003 (see s. 2 and Gazette
15 Jul 2003 p. 2831) |
|
Reprint 12: The Evidence Act 1906 as at
10 Oct 2003 (includes amendments listed above) |
|||
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 34 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 142(2) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Criminal Code Amendment Act 2004
s. 24, 26, 58 and 61(6) |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
Evidence Amendment Act 2004 |
24 of 2004 |
7 Oct 2004 |
s. 1 and 2: 7
Oct 2004; |
|
Children and Community Services Act 2004
s. 251 (Sch. 2 cl. 9) |
34 of 2004 |
20 Oct 2004 |
Sch. 2 cl. 9(1), (3) and (4): 1 Mar 2006 (see s. 2 and
Gazette 14 Feb 2006 p. 695); |
|
Criminal Law Amendment (Sexual Assault and Other Matters)
Act 2004 Pt. 3 and 4 14 |
46 of 2004 |
9 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Courts Legislation Amendment and Repeal Act 2004
Pt. 11 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Misuse of Drugs Amendment Act 2004
s. 9(2) |
62 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
10 Dec 2004 p. 5965) |
|
Criminal Law Amendment (Simple Offences)
Act 2004 s. 19(3) and 82 |
70 of 2004 |
8 Dec 2004 |
31 May 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 Pt. 8, s. 80, 82 and
85 15 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 13: The Evidence Act 1906 as at
1 Jul 2005 (includes amendments listed above except those in the
Children and Community Services Act 2004) |
|||
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 Pt. 12 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005
p. 6244) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 3 Div. 2 16 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Child Care Services Act 2007 Pt. 7
Div. 3 |
19 of 2007 |
3 Jul 2007 |
10 Aug 2007 (see s. 2(b) and Gazette
9 Aug 2007 p. 4071) |
|
Reprint 14: The Evidence Act 1906 as at
8 Feb 2008 (includes amendments listed above) |
|||
|
Criminal Law and Evidence Amendment Act 2008
Pt. 5 |
2 of 2008 |
12 Mar 2008 |
27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p.
1559) |
|
Acts Amendment (Justice) Act 2008
Pt. 11 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette
11 Jul 2008 p. 3253) |
|
Duties Legislation Amendment Act 2008 s.
52 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
|
Legal Profession Act 2008 s. 662
|
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Children and Community Services Amendment (Reporting
Sexual Abuse of Children) Act 2008 s. 12 |
26 of 2008 |
19 Jun 2008 |
1 Jan 2009 (see s. 2(b) and Gazette
9 Dec 2008 p. 5107) |
|
Criminal Law Amendment (Homicide) Act 2008
s. 33 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette
22 Jul 2008 p. 3353) |
|
Reprint 15: The Evidence Act 1906 as at
23 Jan 2009 (includes amendments listed above except those in the
Legal Profession Act 2008) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 7 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
1M Under the Cross-border Justice Act 2008 section 14, in
order to give effect to that Act, this Act must be applied with the
modifications prescribed by the Cross-border Justice Regulations 2009
Part 3 Division 6 as if this Act had been altered in that way. If a modification
is to replace or insert a numbered provision, the new provision is identified by
the superscript 1M appearing after the provision number. If a modification
is to replace or insert a definition, the new definition is identified by the
superscript 1M appearing after the defined term.
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Prostitution Amendment Act 2008 s.
31 17 |
13 of 2008 |
14 Apr 2008 |
To be proclaimed (see s. 2(b)) |
2 The Evidence Amendment Act 1990 s. 4(2) reads
as follows:
“
(2) Subsection (2a) inserted in section 11 of the principal Act
by subsection (1) applies to a certificate given under subsection (2)
of that section in respect of evidence given on or after the day on which this
section comes into operation.
”.
3 The Interpretation Act 1918 was repealed by
the Interpretation Act 1984.
4 Repealed by the Defamation Act 2005.
5-7 Footnote no longer applicable.
8 The Acts Amendment (Video and Audio Links)
Act 1998 s. 3 reads as follows:
“
3. Power to use certain technology
(1) Nothing in the amended provisions is to be taken as preventing the use
by a court or other person acting judicially of a video link or audio link (as
those terms are defined in section 121 of the Evidence
Act 1906) in any case where the court or person thinks fit and where
the use of the video link or audio link would not be contrary to law.
(2) In subsection (1) —
amended provisions means —
(a) The Criminal Code;
(b) the Evidence Act 1906;
(c) the Justices Act 1902; and
(d) the Sentencing Act 1995,
as amended by this Act.
”.
9 The amendment in the Land Information Authority Act 2006
s. 133 to the Fifth Schedule is not included because the entry it
sought to amend had been amended by the Machinery of Government
(Miscellaneous Amendments) Act 2006 s. 37.
10 The Evidence Act Amendment Act 1974 is not
included as it was repealed by the Evidence Amendment Act 1987
s. 10.
11 The Acts Amendment (Abortion) Act 1998
s. 6(2) reads as follows:
“
(2) In relation to an offence committed before the commencement
of this Act, the Evidence Act 1906 applies as if subsection (1)
had not been enacted.
”.
12 The Criminal Property Confiscation (Consequential
Provisions) Act 2000 s. 14(2) reads as follows:
“
(2) Despite the amendment effected by subsection (1), the
Evidence Act 1906 as in force before the commencement of this Act
continues to apply on and after that commencement in relation to an embargo
notice that has effect under section 8 of this Act.
”.
13 The Taxation Administration (Consequential Provisions)
Act 2002 s. 33 and 34 read as follows:
“
33. Definitions
In this Part —
commencement day means the day on which the Taxation
Administration Act 2003 comes into operation;
old Act means —
(a) an Act repealed by section 5;
(b) the old Stamp Act; or
(c) section 41 of the Metropolitan Region Town Planning Scheme
Act 1959 as in force immediately before the commencement day;
old Stamp Act means the Stamp Act 1921 as in
force immediately before the commencement day;
substantive provisions, in relation to an old Act, means the
provisions of the old Act other than those dealing with matters dealt with in
the Taxation Administration Act 2003.
34. General transitional arrangements
(1) Section 37(1) of the Interpretation Act 1984, except
paragraphs (a) and (b), does not apply in relation to the repeal of an old
Act.
(2) The repeal of an old Act does not, unless the contrary intention
appears —
(a) affect any right, interest, title, power or privilege created,
acquired, accrued, established or exercisable or any status or capacity existing
prior to the repeal;
(b) affect any duty, obligation, liability, or burden of proof imposed,
created, or incurred prior to the repeal;
(c) subject to section 11 of The Criminal Code and
section 10 of the Sentencing Act 1995, affect any penalty or
forfeiture incurred or liable to be incurred in respect of an offence committed
against the old Act; or
(d) affect any investigation, legal proceeding or remedy in respect of any
such right, interest, title, power, privilege, status, capacity, duty,
obligation, liability, burden of proof, penalty or forfeiture.
(3) Subject to subsections (4) and (5) —
(a) a right, interest, title, power, privilege, duty, obligation,
liability or burden of proof referred to in subsection (2)(a) or (b) may be
exercised or enforced;
(b) a penalty or forfeiture referred to in subsection (2)(c) may be
imposed and enforced; and
(c) an investigation, legal proceeding or remedy referred to in
subsection (2)(d) may be instituted, continued, or enforced,
as if the substantive provisions of the relevant old
Act —
(d) had not been repealed;
(e) were a taxation Act for the purposes of the Taxation Administration
Act 2003; and
(f) had been amended to make any modifications necessary for this section
to have effect.
(4) If an objection, appeal or other legal proceeding (the
action) was instituted under an old Act and was not finally
determined before the commencement day —
(a) the action may be continued;
(b) any requirement to pay interest on an amount of tax determined in the
action to have been overpaid applies and may be enforced;
(c) any penalty may be imposed and enforced; and
(d) any decision, order or determination made in the action has effect,
and may be enforced,
as if this Act and the taxation Acts had not commenced.
(5) If the time limited by an old Act for doing anything is longer than
the time limited by a taxation Act for doing the equivalent thing under that
Act, then in relation to a matter to which subsection (3) applies, the time
limited under the old Act applies in relation to the doing of the thing under
the taxation Act.
(6) If the time limited by an old Act for commencing proceedings in
relation to an offence under that Act is shorter than the 5 year period
limited by section 111 of the Taxation Administration Act 2003,
then despite section 111, proceedings in relation to an offence under the
old Act (including an offence under a provision of the old Act that is continued
in force under this Part) cannot be commenced after the expiry of the shorter
period provided for by the old Act.
(7) In this section a reference, in relation to the Stamp
Act 1921, to the repeal of the old Act is a reference to the amendment
of the Act by the Stamp Amendment Act 2003.
”.
14 The Criminal Law Amendment (Sexual Assault and Other
Matters) Act 2004 Pt. 4 reads as follows:
“
Part 4 — Transitional
and validation
30. Validation of payments
(1) In this section —
fee regulations means regulations 6(2) and 13 of the
Evidence (Witnesses’ and Interpreters’ Fees and Expenses)
Regulations 1976.
(2) Any payment purporting to have been made under the fee regulations
before the coming into operation of section 28 is taken to have been, and
to have always been, as valid as it would have been if section 28 had come
into operation before the fee regulations were made.
”.
15 The amendment in the Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004 s. 78 to s. 56(1) is not
included because that subsection was replaced by s. 82 (Sch. 2
it. 118) of the same Act.
16 The amendment in the Machinery of Government
(Miscellaneous Amendments) Act 2006 s. 36 to s. 106A is not
included because the paragraph it sought to amend had been amended by the
Children and Community Services Act 2004 Sch. 2
cl. 9.
17 On the date as at which this compilation was prepared, the
Prostitution Amendment Act 2008 s. 31 had not come into operation.
It reads as follows:
“
31. Evidence Act 1906
amended
(1) The amendments in this section are to the Evidence
Act 1906.
(2) Section 36A(1) paragraph (a) of the definition of
“sexual offence” is amended as follows:
(a) by deleting “or 191(1)(a)”;
(b) by deleting “Prostitution Act 2000;” and
inserting instead —
“ Sexual Services Act 2000; ”.
(3) Schedule 7 Part A clause 1(a) is amended by deleting
“Prostitution Act 2000” and inserting
instead —
“ Sexual Services Act 2000 ”.
(4) Schedule 7 Part B is amended as follows:
(a) by deleting the entry relating to section 191 of The Criminal
Code;
(b) by deleting “Prostitution Act 2000” and
inserting instead —
“ Sexual Services Act 2000 ”;
(c) by deleting “prostitute” in each place where it occurs and
inserting instead —
“ sex worker ”;
(d) by deleting the entries relating to sections 17, 18, 20 and 21 of the
Prostitution Act 2000 and inserting instead —
“
|
17 |
Obtaining payment for commercial sexual act by a child |
|
18 |
Agreement for child to act as a sex worker |
|
20 |
Commercial sexual act at place where child present |
|
21 |
Allowing child to be at place involving commercial sexual act or certain
sexual service businesses |
|
21A |
Obligations of those who operate sexual service business in relation to
children |
”.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
a
broadcast 36C(4)
accused 36A(1), 106A
Act 3
affected
child 106A
application for leave 19A(1)
audio link 120(1)
Australasian
colony 3
Australia 109(1), 115, 120(1)
authorised
officer 50B(1)
authority 104A(5)
bank 3
bankers’
books 3
broadcast 106MB(3)
business 79B
business day 50B(1)
business
record 79B
child 106A
colony 3
complainant 19A(1)(a), 36A(1),
36C(4)(a)
corroboration warning 50(1)
counsel 106A
counselling
communication 19A(1)
counsellor 19A(1)(a)
counsels 19A(1) and
(2)
court 3, 79B
criminal
proceedings 119(1)
derived 79B
disclose 19A(1)
DNA
profile 50B(1)
document 3, 79B
duties Act 73U(3)
eligible
service 119(1)
examination 50B(1), 109(1)
examined copy 3
forensic
scientist 50B(1)
Gazette 3
Government
Printer 3
harm 19A(1)
hearing 106T(5)
hearing day 50B(1)
inferior
court 109(1)
inquest 119(1)
judge 3, 11(3), 12(5), 106M(3)
judicial
authority 109(1)
legal proceeding 3
liable person 119(1)
mental
impairment 106A
new offence 106A
officer of the Library Board of Western
Australia 65A(2)
opinion rule 27B(4)
participating
jurisdiction 120(1)
party 19C(7), 50B(1)
periodical 42
person acting
judicially 3
photograph 3
prisoner 3
privilege 32A(2)
Privy
Council 57(4)
proceeding 3, 106A, 106HB(1)
proceedings 79B,
115
propensity
evidence 31A(1)
property 115
prosecutor 106A
protected
communication 19A(1)
protected person 19A(1)
protected
witness 106G(3)
qualified person 79B
recognized
court 120(1)
relationship evidence 31A(1)
relevant
statement 106H(3)
repealed Code section 9(6), 36A(1), Sch. 7 it.
1(2)
request 115
requesting court 115
require
disclosure 19A(1)
rules of court 32A(2)
Schedule 7
proceeding 106A
serious sexual offence 106A
sexual
offence 36A(1)
special hearing 106S(2)
special
witness 106A
stamped 73U(3)
State 3
statement 79B
superior court 109(1)
support person 19A(1)
supporting
affidavit 19A(1)
the Commonwealth 3
the protection
provisions 19A(1)
the
State 3
thing 50B(1)
tribunal 120(1)
uncorroborated evidence 3
video
link 120(1)
visual recording 106A
visual recording of
evidence 106A
visually recorded interview 106A, 106HA(3)
votes and
proceedings 3
WA court 120(1)
witness 106RA(1)
written
publication 36C(4)