Document ID: chunk:federal_register_of_legislation:C2004A04859:body:0:p7
Version: federal_register_of_legislation:C2004A04859
Segment Type: other
Provision Reference: 
Character Range: 15295–18209

identification parade, having regard, among other things, to the relationship (if any) between the suspect and the person who may make an identification at the identification parade.";

    (c) by inserting after paragraph (2)(b) the following paragraph:

    "(ba) the photographs or pictures shown to the witness must not suggest that they are photographs or pictures of persons in police custody;".

Cautioning person under arrest

19. Section 23F of the Crimes Act 1914 is amended by adding at the end of subsection (2) "unless the person cannot hear adequately".

Right to remain silent etc. not affected

20. Section 23S of the Crimes Act 1914 is amended:

    (a) by omitting from paragraph (b) "the burden" and substituting "any burden";

    (b) by inserting after paragraph (b) the following paragraph:

    "(ba) any burden on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or".

Oaths and affirmations

21. Section 44 of the Federal Court of Australia Act 1976 is amended by omitting subsections (2) and (3).

Rules of Court

22. Section 59 of the Federal Court of Australia Act 1976 is amended by omitting from paragraph 59(2)(u) ", for the purposes of Part IIIA of this Act and Part VA of the Evidence Act 1905," and substituting "from New Zealand".

Oaths and affirmations

23. Section 474 of the Industrial Relations Act 1988 is amended by omitting subsections (2) and (3).

Oaths and affirmations

24. Section 77F of the Judiciary Act 1903 is amended by omitting subsections (2) and (4).

Judicial notice of signature of Secretary

25. Section 139 of the National Health Act 1953 is amended:

    (a) by omitting from subsection (1) "all Courts shall" and substituting "every Australian court is to";

    (b) by omitting subsection (2) and substituting the following subsection:

"(2) In this section:

'Australian court' has the same meaning as in the Evidence Act 1995.".

Judicial notice of signature of Secretary

26. Section 32 of the Nursing Homes Assistance Act 1974 is amended:

    (a) by omitting from subsection (1) "all courts shall" and substituting "every Australian court is to";

    (b) by omitting subsection (2) and substituting the following subsection:

    "(2) In this section:

'Australian court' has the same meaning as in the Evidence Act 1995.".

Other consequential amendments

27. The Acts specified in the Schedule are amended as set out in the Schedule.

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 SCHEDULE Section 27

OTHER CONSEQUENTIAL AMENDMENTS

Acts Interpretation Act 1901

Paragraph 46A(1)(d):

Add at the end "and".

Paragraph 46A(1)(e):

Omit the paragraph.

Defence Act 1903

Section 58D:

Repeal the section.

Disability Services Act 1986

Subsection 31(5):

Omit the subsection.

Federal Airports Corporation Act 1986

Subsection 72(8):

Omit