SCHEDULE Section 7
Omit all the words after “operation”, substitute “on 29 March 1971”.
Omit “Territories of the Commonwealth”, substitute “external Territories”.
Omit the definitions.
Insert the following definitions:
(a) the Public Service; or
(b) the public service of the Commonwealth, a State or another Territory;
Omit “by a law in force in”, substitute “under a law of”.
Omit “his”.
Omit “his”.
Omit the paragraph, substitute the following paragraph:
“(b) a reference to letters of administration shall be read as a reference to—
(i) letters of administration, or an exemplification of letters of administration, whether granted within or outside the Territory; or
(ii) an order to collect and administer being carried out by the Public Trustee.”.
Omit the definitions, substitute the following definitions:
(a) in relation to a document lodged with, or registered or issued by, a government department or public authority—the person having custody of the official records of the department or authority; or
(b) in relation to a document lodged with, or registered or issued by, a public official—that official;
(a) a government department;
(b) a public authority; or
(c) a public official;”.
Insert the following definition:
(a) a public servant; or
(b) an officer of the Commonwealth, a State, another Territory or a public authority;”.
Omit all the words after “custody”, substitute “of the government department, the public authority or that officer (as the case requires); or”.
Omit “The last preceding subsection”, substitute “Subsection (2)”.
Omit “under the Statutory Declarations Act 1959-1966 of the Commonwealth”.
(a) Omit “section (2) of the last preceding section”, substitute “subsection 16 (2)”.
(b) Omit “his”, substitute “the person's”.
(c) After “he”, insert “or she”.
(a) Omit “subsection (2) of the last preceding section”, substitute “subsection 16 (2)”.
(b) Omit “his”, substitute “the person's”.
(c) After “he”, insert “or she”.
Omit “the last preceding section”, substitute “section 17”.
Omit “last preceding paragraph”, substitute “paragraph (a)”.
(a) Omit “subsection (2) of section 16 of this Act”, substitute “subsection 16 (2)”.
(b) Omit “his”, substitute “the person's”.
Omit “the person, in attesting the document has described himself”, substitute “in the attestation, the person is described”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
(a) Omit “of this section”.
(b) Omit “three”, substitute “3”.
Omit “the last preceding subsection”, substitute “subsection (3)”.
Omit the paragraph, substitute the following paragraph:
“(b) that at a given time there were, or were not, funds standing to a person's credit at a bank; or”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit “section 23 and 24 of this Act and the last preceding section”, substitute “sections 23, 24 and 26”.
Omit “his”, substitute “that”.
Omit “The last preceding subsection”, substitute “Subsection (1)”.
After “his”, insert “or her”.
Omit “his”.
Omit “supplied by him” (first occurring).
After “his”, insert “or her”.
Omit “his”.
(a) Omit “he supplied the information”, substitute “the information was supplied”.
(b) Omit “supplied by him”.
Omit “the preceding provisions of this section”, substitute “subsection (1) or (2)”.
Omit the subsection, substitute the following subsection:
“(4) In paragraph (2) (a)—
(a) acting in the course of any trade, business, profession or other calling or occupation in which the person was engaged or employed; and
(b) acting for the purposes of any paid or unpaid office held by the person.”.
Omit “on his”, substitute “under the first person's”.
Omit “he had been”.
After “his”, insert “or her”.
Omit “his”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit “paragraphs (a) and (b) of the last preceding subsection”, substitute “paragraphs (1) (a) and (b)”.
Omit “his”, substitute “the”.
Repeal the section, substitute the following section:
“33. (1) In any proceeding, a statement admitted in evidence under section 28 is not to be taken to corroborate the oral evidence given by the maker of the statement.
“(2) In any proceeding, a statement admitted in evidence in the circumstances referred to in paragraph 29 (2) (h) is not to be taken to corroborate any oral evidence given by the maker of the statement.”.
Omit all the words after “part”, substitute the following words and paragraphs:
“of the document—
(a) was written, made or produced by the person with his or her own hand;
(b) was signed or initialled by the person; or
(c) was otherwise acknowledged by the person as his or her statement.”.
After “he”, insert “or she”.
(a) Omit “seven”, substitute “7”.
(b) Omit all the words after “writing”.
Omit “two”, substitute “2”.
Omit “one” (wherever occurring), substitute “1”.
Omit “(a) of section 42 of this Act”, substitute “42 (a)”.
Omit “Rules of the Supreme Court”, substitute “Supreme Court Rules”.
Omit “of the Territory”.
Omit the subparagraphs, substitute the following subparagraphs:
“(iii) by a government department; or
(iv) by a public authority;”.
Omit “of this Act”.
(a) Omit “in force in”, substitute “of”.
(b) Omit all the words after “notwithstanding that”, substitute “the person has not been duly served with a subpoena or other process requiring his or her attendance for that purpose”.
(a) Omit “in pursuance of the last preceding subsection”, substitute “under subsection (1)”.
(b) Omit “he”, substitute “the person”.
(c) After “him”, insert “or her”.
After “he”, insert “or she”.
(a) After “he”, insert “or she”.
(b) After “his”, insert “or her”.
(a) Omit “in force in” (first occurring), substitute “of”.
(b) After “his” (wherever occurring), insert “or her”.
Omit “to answer a question or interrogatory under the last preceding subsection”, substitute “under subsection (1) to answer a question or interrogatory”.
(a) Omit “he”, substitute “the person”.
(b) After “him” (first occurring), insert “or her”.
(c) Omit “him”, substitute “the person”.
(a) Omit “paragraphs (a) and (b) of the last preceding subsection”, substitute “paragraphs (2) (a) and (b)”.
(b) After “him”, insert “or her”.
(a) Omit “paragraphs (a) and (b) of subsection (2) of this section”, substitute “paragraphs (2) (a) and (b)”.
(b) After “him”, insert “or her”.
(c) Omit “his”, substitute “the person's”.
(a) Omit “put to him”.
(b) Omit “to him” (last occurring).
(a) Omit “subject-matter”, substitute “subject matter”.
(b) After “his”, insert “or her”.
After “his”, insert “or her own”.
Omit “he”, substitute “the witness”.
(a) Omit “the last preceding subsection”, substitute “subsection (2)”.
(b) After “he”, insert “or she”.
(a) After “his”, insert “or her own”.
(b) After “he”, insert “or she”.
(a) Omit “the next succeeding subsection”, substitute “subsection (2)”.
(b) After “him”, insert “or her”.
(c) Omit “subject-matter”, substitute “subject matter”.
(d) After “his”, insert “or her own”.
(e) Omit “that he made”, substitute “to making”.
(a) Omit “the last preceding subsection”, substitute “subsection (1)”.
(b) After “he”, insert “or she”.
(a) Omit “the next succeeding subsection”, substitute “subsection (2)”.
(b) Omit “him”, substitute “the witness”.
(a) Omit “the last preceding subsection”, substitute “subsection (1)”.
(b) After “him”, insert “or her”.
(a) Omit “the last preceding subsection”, substitute “subsection (2)”.
(b) Omit “of this section”.
(a) Omit “fourteen”, substitute “14”.
(b) Omit “the next succeeding subsection”, substitute “subsection (2)”.
(a) Omit “in pursuance of the last preceding subsection”, substitute “under subsection (1)”.
(b) After “he” (wherever occurring), insert “or she”.
(c) Omit “his”, substitute “the”.
(a) After “his” (first occurring), insert “or her”.
(b) Omit “his” (second occurring), substitute “that”.
(a) After “he” (first occurring), insert “or she”.
(b) After “his”, insert “or her”.
(c) Omit “he” (last occurring), substitute “the person”.
After “he”, insert “or she”.
Omit “of this section”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit the paragraph, substitute the following paragraph:
“(a) with an offence against Part III or Part IIIA of the Crimes Act 1900 which is committed against a person under the age of 16 years;”.
Omit “of the Territory”.
(a) Omit “an offence that is”.
(b) Omit “of the Territory”.
After “his”, insert “or her”.
Omit “the next succeeding subsection”, substitute “subsection (2)”.
Omit “the last preceding subsection”, substitute “subsection (2)”.
(a) Omit “the next succeeding section”, substitute “section 70”.
(b) After “he”, insert “or she”.
(c) Omit “him”, substitute “the person”.
(a) After “he” (first occurring), insert “or she”.
(b) Omit “he” (second, third and fourth occurring), substitute “the person”.
(a) Omit “his” (first occurring), substitute “the person's”.
(b) After “his” (second and third occurring), insert “or her”.
After “his” (wherever occurring), insert “or her”.
(a) After “him”, insert “or her”.
(b) Omit “he is charged,”, substitute “the person is charged;”.
(a) After “he”, insert “or she”.
(b) Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit “with which he is”.
Omit “of the Territory”.
Omit “his illness”, substitute “that illness,”.
(a) Omit “Prosecutions” (first occurring), substitute “Prosecutions,”.
(b) Omit “he” (wherever occurring), substitute “the Magistrate”.
Omit the subsection, substitute the following subsection:
“(4) Any person to whom a notice is given under subsection (3) (including the Director of Public Prosecutions or a person authorised by the Director of Public Prosecutions) may—
(a) be present while the relevant evidence is being taken; and
(b) cross-examine the person giving the evidence.”.
Omit all the words after “court”, substitute the following words and paragraphs:
“is satisfied—
(a) that the person by whom the evidence was given is dead, or is, by reason of illness, unable to attend the trial; and
(b) that—
(i) the person charged, or his or her counsel or solicitor, was present when the evidence was taken; or
(ii) reasonable notice of the time and place fixed for the taking of the evidence was given to the person charged or to his or her counsel or solicitor;
the record of the evidence is admissible, to the extent that the evidence would have been admissible at the trial if given orally.”.
Omit “of the Territory”.
After “his”, insert “or her”.
Omit “two”, substitute “2”.
Omit “he”, substitute “the judge”.
Omit “his”, substitute “the person's”.
Omit “he”, substitute “the person”.
Omit the paragraph, substitute the following paragraph:
“(c) the facts ascertained and the conclusions reached;”.
Omit “ -1967 of the Territory”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit “of this section”.
Omit “of the Territory”.
Omit “ Crimes Act”, substitute “ Crimes Act 1900 ”.
Omit the definition.
Omit “the commencement of this section”, substitute “28 November 1985”.
Omit “the commencement of this section”, substitute “28 November 1985”.
Omit “ Crimes Act”, substitute “ Crimes Act 1900 ”.
Omit “he”, substitute “the person”.
Omit “of this Act”.
Omit “in force in”, substitute “of”.
Omit “of the Commonwealth”.
Omit all the words after “Supreme Court”, substitute “or the Magistrates Court, or to an inquest or inquiry under the Coroners Act 1956. ”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
(a) Omit “, or fails to comply with,”.
(b) Omit “the last preceding section”, substitute “section 83”.
(c) Omit “six”, substitute “6”.
Omit “the last preceding section”, substitute “section 83”.
Omit “of this Act”.
Omit “six”, substitute “6”.
Omit all the words after “Australia” (first occurring).
Omit “The Rules of Court under section 28 of the Australian Capital Territory Supreme Court Act 1933 of the Commonwealth”, substitute “Rules of Court under section 36 of the Supreme Court Act 1933 ”.
Omit “The Rules of Court under section 28 of the Australian Capital Territory Supreme Court Act 1933 of the Commonwealth”, substitute “Rules of Court under section 36 of the Supreme Court Act 1933 ”.
(a) Omit “the commencement of this Act” (first occurring), substitute “29 March 1971”.
(b) Omit “thirty”, substitute “30”.
(c) Omit “after the commencement of this Act”, substitute “on and after that date”.
(d) Omit “twenty”, substitute “20”.
Omit the subsection, substitute the following subsection:
“(3) The person who—
(a) prepares a transcript under subsection (2); or
(b) if such a transcript is prepared under supervision—supervises the transcription;
shall certify on the transcript that it is a true transcript of the record of the proceedings produced out of the custody of the Registrar.”.
Omit the subsection, substitute the following subsections:
“(5) Upon application, the Registrar shall, subject to subsection (5A)—
(a) give the applicant a copy of the whole or any requested part of a transcript prepared under subsection (2); and
(b) certify on the copy that it is a true copy of the transcript or part, as the case may be.
“(5A) The Registrar shall not furnish a copy of a transcript or part of a transcript to an applicant unless—
(a) the applicant is a party to the proceeding to which the transcript relates; or
(b) the applicant satisfies the Registrar or a Judge of the Supreme Court that he or she has good reason for applying.”.
Omit “the last preceding subsection,”, substitute “subsection (5);”.
After “his”, insert “or her”.
Omit “his”.
Omit the subsection.
Omit “him”, substitute “the person”.
Omit all the words from and including “A certificate” to and including “this subsection,”, substitute “A certificate given by a person duly authorised to do so by the Australian Postal Corporation”.
Omit “the last preceding subsection”, substitute “subsection (2)”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit all the words from and including “to this Act” to and including “Police Force” (last occurring), substitute “, made by an officer of the police force of a State or another Territory”.
After “he”, insert “or she”.
Add at the end the following subsection:
“(4) In subsection (3), and in the Schedule, where the Australian Federal Police provides policing services to a Territory, a reference to the police force of that Territory includes a reference to the Australian Federal Police.”.
Omit “him”, substitute “the person”.
Omit “that he be”.
(a) Omit from the heading “THE”.
(b) Omit “an officer of the Commonwealth Police Force ( or of the Police Force of that State or Territory”), substitute “an officer of the police force of that State or Territory”.
(c) Omit “held by the Commonwealth Police Force ( or the police force of that State or Territory)”, substitute “held by the police force of that State or Territory”.