An Act to consolidate enactments relating to the examination of witnesses and production of documents in certain cases.
1 Name of Act
This Act may be cited as the Witnesses Examination Act 1900.
2 Repeal
The Acts mentioned in the Schedule to this Act are, to the extent therein expressed, hereby repealed.
3 Definitions
In this Act, unless the context or subject-matter otherwise indicates or requires:the Court means the Supreme Court.Judge means a Judge of the Court.
4, 5 (Repealed)
s 4: Rep 1970 No 52, Second Sch.
s 5: Rep 1970 No 52, Second Sch.
6 Examinations on commission etc in criminal proceedings
(1) In any criminal proceeding, if any witness is out of the jurisdiction of the Court or above 320 kilometres from the intended place of trial or is from age or infirmity unable to attend the trial or if the testimony of any witness is in danger of being lost by reason of age or infirmity or by reason of being about to depart out of the jurisdiction or to some place beyond the said distance of 320 kilometres, the Court or a Judge may, on the application or with the consent of the Attorney-General, the Director of Public Prosecutions or the Crown Prosecutor as well as the prisoner, but not otherwise, direct:(a) that any such witness within the jurisdiction of the Court be examined on oath, either viva voce or upon interrogatories or otherwise, before a specified officer of the Court or other specified person, or(b) that a commission do issue for the examination of such witness on oath, either viva voce or upon interrogatories or otherwise, at any place in or out of the jurisdiction.(2) The Court or Judge may, at the same time or subsequently, give all such directions touching the time, place, and manner of such examination, as well within the jurisdiction as without, and all other matters and circumstances connected with such examination as appear reasonable and just.s 6: Subst 1970 No 52, Second Sch. Am 1974 No 51, Sch; 1986 No 212, Sch 1.
7, 8 (Repealed)
s 7: Rep 1970 No 52, Second Sch.
s 8: Rep 1970 No 52, Second Sch.
9 Examinations to be on oath
(1) Any person authorised by any rule, order, or commission under this Act to take the examination of any witness, shall take such examination upon the oath of such witness, to be administered by the person so authorised or by a Judge.(2) Any witness who upon such oath wilfully and corruptly gives any false evidence shall be deemed to be guilty of perjury.
10 (Repealed)
s 10: Rep 1970 No 52, Second Sch.
11 Reading examinations and depositions in evidence
(1) The examination or deposition of any witness taken under this Act may be read in evidence at the hearing, saving all just exceptions.(2) Provided that if it appears to the satisfaction of the Court or Judge at the hearing that such witness is within the jurisdiction and able to attend the hearing, such examination or deposition shall be rejected.(3) Where such examination or deposition appears to be certified under the hand of the person authorised to take the same, no proof shall be necessary of the signature of such person.
12 (Repealed)
s 12: Rep 1970 No 52, Second Sch.
Schedule
Reference to Act | Title or short title | Extent of repeal |
4 Vic No 22 | An Act to provide for the more effectual administration of justice in New South Wales and its Dependencies. | Section 14. |
5 Vic No 9 | An Act for the further amendment of the law and for the better advancement of justice. | Sections 15, 16. |
18 Vic No 13 | An Act further to amend the law of evidence. | The unrepealed sections. |
36 Vic No 9 | Matrimonial Causes Act. | Section 12. |
44 Vic No 18 | Section 44. | |
54 Vic No 25 | Probate Act of 1890. | Section 98. |