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Granting of long leave of absence.

Public Service Act Amendment Act.-1925.

(3) Notwithstanding anything contained in the principal Act the re-appointment shall be made without examination or probation.

(4) The service of any such officer shall not be deemed not to be continuous by reason of any such absence, but he shall not be entitled to be paid any sum by way of salary or allowance in respect of the period of his absence.

(5) The said period of absence shall not be taken into account for the purposes of computing the length of the continuous service of the officer for the purposes of section 68 of the principal Act.

(6) For the purposes of this section all persons in the employ of the Government of the State shall be deemed to be officers in the Public Service, aud the Public Service shall, for the said purposes, be deemed to comprise the said persons.

4. (1) For the purposes of section 68 of the principal Act, all persons in the employ of the Government of the State (except any officers or class of officers, or the officers of any Department, to whom or to which it is provided by any Act that section 68 aforesaid shall not apply), shall, for the purpose aforesaid, be deemed to be officers in the Public Service, and shall be entitled to all the privileges conferred by section 68 aforesaid as if they had been officers in the Public Service from the time of the commencement of their employment by the Government of the State.

(2) Section 68 of the principal Act is amended by striking out the words "Act, or the Acts hereby repealed ", and by inserting in lieu thereof the word "section".

(3) The Public Service Act Amendment Act, 1920, is here by repealed.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
T. SLANEY POOLE, Administrator.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.

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BE

No. 1669.

An Act to amend the Law of Evidence.

[Assented to, October 22nd, 1925.]

E it Enacted by the Governor of the State of South Australia,
with the advice and consent of the Parliament thereof, as

follows:

1. This Act may be cited as the "Evidence Amendment Act, Short title. 1925."

2. The Acts mentioned in the Second Schedule are hereby repealed Repeal. to the extent mentioned in that Schedule.

definition of

3. In the Act No. 2 of 1852, being "An Act to amend the Law of Amendment of Evidence," the expression "British Colony" shall be deemed to "British Colony" mean any part of His Majesty's Dominions outside the Common- in Act 2 of 1852. wealth of Australia, other than the United Kingdom.

4. (1) Every person upon objecting to be sworn, and stating, Affirmation in lieu as the ground of such objection either

(a) that he has no religious belief; or

(b) that the taking of an oath is contrary to his religious belief,

or to his conscience,

shall in all places and for all purposes where an oath is required by law be permitted to make his solemn affirmation instead of taking an oath

(2) Every such affirmation shall be of the same force and effect as if the oath had been taken, and if any person making any such affirmation shall falsely affirm any matter or thing he shall be liable to prosecution, indictment, sentence, and punishment, as if he had taken the oath.

(3) Every

of oath.

Application of
Telegraphic

Messages Act, 1873,"
secs. 1 to 3.

Extension of s. 377

Consolidation Act,

1876, as to

Evidence Amendment Act.-1925.

(3) Every such affirmation shall be as follows, or to the effect following:

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I, A.B., do solemnly and truly declare and affirm " and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.

5. The provisions of sections 1 to 3 of the Telegraphic Messages Act, 1873, shall apply to all legal proceedings in any Court of civil jurisdiction and to all proceedings in any cause or matter of the nature of civil jurisdiction pending before any arbitrator or person having authority by law or by consent of parties to hear, receive, and examine evidence, and the said provisions shall be so construed as to apply in respect to telegraphic messages at any time sent by electric telegraph the property of and under the control of the Government of the Commonwealth from any station in the Commonwealth to any other station within the Commonwealth.

6. The provisions of section 377 of the Criminal Law Consolidation of the Criminal Law Act, 1876 (which enable the evidence of a child to be received though not given on oath), shall apply to proceedings against persons for offences not mentioned in that section in like manner as such provisions apply in respect of proceedings against persons for offences mentioned in that section.

unsworn testimony

of children.

Amendment of definitions in the Bankers Books

Evidence Act, 1879.

Proof of convictions

and orders.

7. In the Bankers Books Evidence Act, 1879

(a) the expressions " bank" and "banker" shall be deemed to include any Savings Bank or banking institution which is now or may hereafter be established in South Australia, whether under or pursuant to the Statute law of the State or of the Commonwealth; and

(b) the powers and discretions conferred by sections 5, 6, and 7 shall be deemed to be exercisable and exercisable only by a Judge; or

(i.) any person who is authorised by law to exercise, in relation to the proceeding in question, the powers of a Judge with respect to the trial of any cause or matter or issue of fact; or (ii) the Commissioner of Insolvency in relation to any matter pending in the Court of Insolvency; or (iii) any Special Magistrate in relation to any proceedings pending before a Local Court or before any Court of Summary Jurisdiction or Justices.

8. (1) Any conviction, order of dismissal or other order made by a Court of Summary Jurisdiction may be proved in any Court whatever by the production of a copy of such conviction, order of dismissal or other order, purporting to be certified by the clerk of the Court by which such conviction, order of dismissal or other order was made, or by the deputy of such clerk.

(2) No

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Evidence Amendment Act.-1925.

(2) No proof shall be required of the signature or official character of the person appearing to have signed any such copy as aforesaid. (3) This section shall apply to any conviction, order of dismissal or other order made before or after the commencement of this Act.

Parliament

9. All documents purporting to be copies of the votes and pro- Proceedings in ceedings or journals or minutes of either House of the Parliament, provable by print. or of papers presented to either House of the Parliament if purporting to be printed by the Government Printer, shall on their mere production be admitted as evidence thereof in all Courts.

10. (1) Whenever in a Court of summary jurisdiction it becomes proper to inquire as to any previous conviction of the defendant, and the defendant does not appear in person, the Court may(a) allow evidence to be given of the previous conviction of any person, alleged by the prosecution to be identical with the defendant; and

(b) (such evidence having been given) adjourn the further consideration of the case to a time and place specified by the Court in order to enable the defendant to attend in person for the purpose of answering such allegation.

(2) If at the time and place so specified

(a) it is proved that the defendant has been personally served with notice in writing, requiring him to attend accordingly, and informing him of the purpose for which his personal attendance is required; and

(b) the defendant fails to appear in person; and

(c) no sufficient reason to the contrary is shown to the satisfaction of the Court,

the allegation, of the identity of the defendant with the person so convicted as aforesaid, shall be deemed to have been proved, and the Court shall proceed accordingly: Provided that service of the notice aforesaid shall not be required if the defendant has been represented at the original hearing by any counsel or solicitor who has waived such service.

(3) The further hearing or consideration of the case may be adjourned from time to time as aforesaid to enable the defendant(a) to be served as aforesaid; or

(b) to attend in person if the Court is satisfied that he intends

to do so.

Proceedings to
facilitate or dis-

pense with proof
of identity in cases
of previous con-

viction in Courts of summary jurisdic

tion.

cases.

11. Whenever in any proceedings before Justices, in respect of any Proof of "public offence, it is an essential ingredient of the offence that the place place" in certain (where any fact or matter occurred or was done) should be a public place, an allegation, in the complaint or information, that the place (specified as that in which the fact or matter charged occurred or

was

Competency of witnesses in criminal

cases.

Evidence Amendment Act.-1925.

was done) was a public place, shall be prima facie evidence of that fact. But the Court may, if it thinks fit, and at any stage of the proceedings, permit evidence to be called with respect to the said fact.

12. Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person: Provided as follows:

(a) A person so charged shall not be called as a witness in pursuance of this Act except upon his own application: (b) The failure of any person charged with an offence or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution :

(c) The wife or husband of the person charged shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act except upon the application of the person so charged:

(d) A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to the offence charged:

(e) A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked, shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless

(i.) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or

(ii.) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution;

or

(iii) he has given evidence against any other person charged with the same offence:

(f) Every person called as a witness in pursuance of this Act shall, unless otherwise ordered by the Court, give his evidence from the witness box or other place from which the other witresses give their evidence:

(9) Nothing

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