Document ID: chunk:federal_register_of_legislation:C2011C00176:clause:1_40
Version: federal_register_of_legislation:C2011C00176
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 17586–18321

40  Subsection 85(1)
Repeal the subsection, substitute:

 (1) This section applies only in a criminal proceeding and only to evidence of an admission made by a defendant:
 (a) to, or in the presence of, an investigating official who at that time was performing functions in connection with the investigation of the commission, or possible commission, of an offence; or
 (b) as a result of an act of another person who was, and who the defendant knew or reasonably believed to be, capable of influencing the decision whether a prosecution of the defendant should be brought or should be continued.

Note: Subsection (1) was inserted as a response to the decision of the High Court of Australia in Kelly v The Queen (2004) 218 CLR 216.