Document ID: chunk:federal_register_of_legislation:C2004A04859:body:0:p5
Version: federal_register_of_legislation:C2004A04859
Segment Type: other
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Character Range: 10168–12813

in that subsection made before the commencement of section 173 of the Evidence Act 1995.

Agreements under section 191 of the Evidence Act 1995

11. The reference in paragraph 191(3)(a) of the Evidence Act 1995 to an agreement is taken to include a reference to an agreement of the kind referred to in that paragraph entered into before the commencement of section 191 of the Evidence Act 1995.

Identifications already carried out

12.(1) Section 114 of the Evidence Act 1995 does not apply in relation to an identification made before the commencement of that section.

(2) Section 115 of the Evidence Act 1995 does not apply in relation to an identification made before the commencement of that section.

Cautioning of persons

13. Section 139 of the Evidence Act 1995 does not apply in relation to a statement made or an act done before the commencement of that section.

Amendments made by this Act

14.(1) An amended provision does not apply in relation to proceedings the hearing of which began before the commencement of the amendment.

(2) An amended provision continues to apply in relation to proceedings the hearing of which began before that commencement as if the amendment had not been made.

(3) In this section:

"amended provision" means a provision of another Act that is amended by Part 4 of this Act or the Schedule to this Act, and is taken to include a provision of another Act that is repealed or omitted by that Part or the Schedule;

"amendment", in relation to a provision, includes repeal or omission of the provision.

PART 4—CONSEQUENTIAL AMENDMENTS

Meaning of service by post

15. Section 29 of the Acts Interpretation Act 1901 is amended by adding at the end the following subsection:

"(2) This section does not affect the operation of section 160 of the Evidence Act 1995".

Application of Crimes Act and Evidence Act

16.(1) Section 88 of the Australian Securities Commission Act 1989 is amended by omitting subsection (2) and substituting the following subsection:

"(2) Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to an examination in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.".

(2) Until subsection (1) of this section commences, for the purposes of the operation of subsection 88(2) of the Australian Securities Commission Act 1989 and for the purposes of the operation of any provision of a law of a State or Territory that corresponds to that subsection, Part IIIA of the Evidence Act 1905 is taken to remain in force despite any repeal under section 3 of this Act.

Identification parades