Evidence Act (Chapter 48)

Coming into Force22 January 1976
Published date22 January 1976
Revision Date19 May 2022
Year1976
Type of DocumentCurrent Version
Evidence Act (Chapter 48)

[Evidence Act (Chapter 48) consolidated to No 37 of 2016]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 48.

Evidence Act.

Being an Act to consolidate, revise and amend in minor ways certain laws relating to evidence and related matters.

PART I.—PRELIMINARY.
1 Interpretation.

In this Act, unless the contrary intention appears—

"bank" means a person, partnership or company engaged in the ordinary business of banking by receiving deposits and issuing bills or notes payable to the bearer at sight or on demand, and includes a government savings bank established under a law;

"business" includes public administration and a business, profession, occupation, trade, undertaking or calling of any kind;

"court" includes a court, Judge, magistrate or arbitrator, and a person acting judicially;

"document" includes a book, plan, paper, parchment or other material on which there is any writing that is marked with letters or marks denoting words or any other signs capable of carrying a definite meaning to persons conversant with them,a part of a document, or an electronic form of such documents including documents produced using an electronic system or device;

"Gazette" means the National Gazette, the Papua New Guinea Local Government Gazette or the Papua New Guinea Police Gazette, and includes—

(a) in relation to the former Australian Territory known as "Papua New Guinea", the Papua New Guinea Government Gazette, the Papua New Guinea Local Government Gazette and the Papua New Guinea Police Gazette; and

(b) in relation to the former Territory of Papua and New Guinea, the Territory of Papua and New Guinea Government Gazette, the Papua and New Guinea Local Government Gazette and the Papua and New Guinea Police Gazette; and

(c) in relation to the former Territory of Papua-New Guinea, the Territory of Papua-New Guinea Government Gazette; and

(d) in relation to the former Territory of Papua, the Territory of Papua Government Gazette; and

(e) in relation to the former Territory of New Guinea, the New Guinea Gazette; and

(f) in relation to the British Military Administration or Occupation of the Colony or of the former Colony of German New Guinea, or of the Territory of New Guinea, the Rabaul Gazette or the Government Gazette of that administration or occupation; and

(g) in relation to the former Possession of British New Guinea, the British New Guinea Government Gazette; and

(h) in relation to the former British Protected Territory in or of New Guinea, the Queensland Gazette so far as it contains official material relating to the administration of Her Majesty's Special Commissioner for the Protectorate; and

(i) in relation to Australia, the Australian Government Gazette or the Commonwealth of Australia Gazette; and

(j) in relation to the United Kingdom, the London Gazette, the Edinburgh Gazette or the Dublin Gazette,

as the case requires;

"Government Printer" includes a person appointed as the printer—

(a) to the Government of the United Kingdom; or

(b) to the Government of Australia; or

(c) to a Government of a State of Australia; or

(d) for a Territory of Australia; or

(e) for a pre-Independence Territory in Papua New Guinea,

and a printer purporting to be the printer authorized to print the statutes, ordinances, acts of State or other public Acts of the legislatures of Papua New Guinea, the United Kingdom, Australia, a State or Territory of Australia or a pre-Independence Territory in Papua New Guinea;

"High Commissioner of Papua New Guinea" means the High Commissioner of Papua New Guinea appointed under the Papua New Guinea Act 1949-1975, as in force from time to time;

"legal proceedings" includes any civil, criminal or mixed proceedings and an inquiry in which evidence is or may be given before a court;

"person acting judicially" includes a Judge, magistrate, justice or arbitrator and any other person having, by law or by consent of the parties, authority to hear, receive and examine evidence, and an officer having in the discharge of his duties authority to examine evidence;

"pre-Independence Territory in Papua New Guinea" means—

(a) the administrative union, under...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT