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Friday, 28 August 2009

Evidence Act & Criminal Procedure Act start announced

The long-awaited commencement dates for the Evidence Act 2008 and Criminal Procedure Act 2009 are out.

The latest edition of the Bar's In Brief says the new acts will start on 1 January 2010.

The Criminal Procedure Amendment (Consequential and Transitional Provisions) Bill 2009 and the Statute Law Amendment (Evidence Consequential Provisions) Bill 2009 will be introduced in the Spring session of Parliament (sitting dates are here), and are planned to also commence operation on 1 Jan 2010. Still no detail, but obviously these will contain the various transitional and implementation provisions.

I also expect we'll see a new act similar to the Evidence (Audio and Video Visual Links) Act 1998 (NSW) to replace the Evidence Act 1958 Part 2A provisions — unless, of course, that portion of the existing Evidence Act is not repealed by the new Bills.

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