Victorian Current Acts

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EVIDENCE ACT 2008 - 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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