Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 179

Proof of identity of convicted persons--affidavits by members of State or Territory police forces

  (1)   This section applies if a member of a police force of a State or Territory:

  (a)   makes an affidavit in the form prescribed by the regulations for the purposes of this section; and

  (b)   states in the affidavit that he or she is a fingerprint expert for that police force.

  (2)   For the purpose of proving before a court the identity of a person alleged to have been convicted in that State or Territory of an offence, the affidavit is evidence in a proceeding that the person whose fingerprints are shown on a fingerprint card referred to in the affidavit and marked for identification:

  (a)   is the person referred to in a certificate of conviction, or certified copy of conviction annexed to the affidavit, as having been convicted of an offence; and

  (b)   was convicted of that offence; and

  (c)   was convicted of any other offence of which he or she is stated in the affidavit to have been convicted.

  (3)   For the purposes of this section, if a Territory does not have its own police force, the police force performing the policing functions of the Territory is taken to be the police force of the Territory.


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