EVIDENCE ACT 1906 - SECT 109
EVIDENCE ACT 1906 - SECT 109
109 . Terms used
(1) In this section
and in sections 110 to 114, unless the contrary intention appears —
Australia includes the Territories of the
Commonwealth (whether internal or external) for the government of which as a
Territory provision is made by any Commonwealth Act;
examination includes any proceeding for the taking
of evidence of a person conducted by the judicial authorities of a foreign
country in relation to a request issued as a result of an order made by a
court under this Act;
inferior court means a court of the State, except
when exercising federal jurisdiction, not being a superior court;
judicial authority in relation to a place outside
the State, means a court or person prescribed as an appropriate judicial
authority for that place;
superior court means the Supreme Court, the
District Court or the Family Court of Western Australia, except when
exercising federal jurisdiction.
(2) In sections 109 to
114, a reference to a place outside the State shall be taken to refer to a
place outside the State whether within or outside Australia.
[Section 109 inserted: No. 66 of 1987 s. 9;
amended: No. 20 of 2013 s. 71.]