Schedule 2 Amendment of other Acts
(Section 4)
2.1 Civil Procedure Act 2005 No 28
Section 87 Protection against self-incrimination in relation to interlocutory matters
Insert after section 87 (2):(2A) This section does not apply in circumstances in which section 128A of the Evidence Act 1995 applies.
Insert in alphabetical order in section 4 (1):Australian law has the same meaning as it has in the Evidence Act 1995.
civil penalty has the same meaning as it has in the Evidence Act 1995.
[2] Section 33 Rules of procedure and evidence
Insert “against or arising under an Australian law or a law of a foreign country or which renders or tends to render the witness liable to a civil penalty” after “offence”.
Omit the section. Insert instead:33AA Privilege in respect of self-incrimination
(1) This section applies if a witness at an inquest or inquiry held by a coroner who is a Magistrate objects to giving particular evidence, or evidence on a particular matter, on the ground that the evidence may tend to prove that the witness:(a) has committed an offence against or arising under an Australian law or a law of a foreign country, or(b) is liable to a civil penalty.(2) The coroner must determine whether or not there are reasonable grounds for the objection.(3) If the coroner determines that there are reasonable grounds for the objection, the coroner is to inform the witness:(a) that the witness need not give the evidence unless required by the coroner to do so under subsection (4), and(b) that the coroner will give a certificate under this section if:(i) the witness willingly gives the evidence without being required to do so under subsection (4), or(ii) the witness gives the evidence after being required to do so under subsection (4), and(c) of the effect of such a certificate.(4) The coroner may require the witness to give the evidence if the coroner is satisfied that:(a) the evidence does not tend to prove that the witness has committed an offence against or arising under, or is liable to a civil penalty under, a law of a foreign country, and(b) the interests of justice require that the witness give the evidence.(5) If the witness either willingly gives the evidence without being required to do so under subsection (4), or gives it after being required to do so under that subsection, the coroner must cause the witness to be given a certificate under this section in respect of the evidence.(6) The coroner is also to cause a witness to be given a certificate under this section if:(a) the objection has been overruled, and(b) after the evidence has been given, the coroner finds that there were reasonable grounds for the objection.(7) In any proceeding in a NSW court within the meaning of the Evidence Act 1995 or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence:(a) evidence given by a person in respect of which a certificate under this section has been given, and(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence,cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.(8) Subsection (7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned.(9) A reference in this section to doing an act includes a reference to failing to act.(10) A certificate under this section can only be given in respect of evidence that is required to be given by a natural person.
[4] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1A (1):Evidence Amendment Act 2007, but only to the extent that it amends this Act
Insert after clause 14:15 Inquests and inquiries commenced before Evidence Amendment Act 2007
(1) In this clause:amending Act means the Evidence Amendment Act 2007.
(2) Section 33, as amended by the amending Act, does not apply in respect of an inquest or inquiry commenced to be held before the amendment of that section by that Act.(3) That section, as in force immediately before it was amended, continues to apply in respect of such an inquest or inquiry.(4) Section 33AA, as substituted by the amending Act, does not apply in respect of an inquest or inquiry commenced to be held before the substitution of that section by that Act.(5) Section 33AA, as in force immediately before that substitution, continues to apply in respect of such an inquest or inquiry.
2.3 Criminal Procedure Act 1986 No 209
[1] Section 275A Improper questions
Omit the section.
[2] Section 294 Warning to be given by Judge in relation to lack of complaint in certain sexual offence proceedings
Omit section 294 (3)–(5).
[3] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):Evidence Amendment Act 2007, to the extent that it amends this Act
Insert at the end of the Schedule (with appropriate Part and clause numbers):Part Provisions consequent on enactment of Evidence Amendment Act 2007
Improper questions and certain warnings
(1) An amendment made to section 275A or 294 by the Evidence Amendment Act 2007 does not apply in relation to any proceeding the hearing of which began before the commencement of the amendment.(2) Sections 275A and 294, as in force immediately before the commencement of the amendment, continue to apply to proceedings the hearing of which began before that amendment.
2.4 Evidence (Consequential and Other Provisions) Act 1995 No 27
Schedule 2 Savings, transitional and other provisions
Omit the Schedule.Transfer clauses 2–15 of the Schedule to the Evidence Act 1995 as clauses 2–15 of Part 2 of Schedule 2 to that Act (as inserted by this Act) after the following heading and clause:
Part 2 Provisions consequent on the enactment of this Act
(1) This clause is taken to have commenced on 1 September 1995 (the date of commencement of this Act other than Part 1.1 and the Dictionary).(2) This Part is a transferred provision to which section 30A of the Interpretation Act 1987 applies.