Western Australia regulation

Evidence (Examination of witnesses outside the State) Regulations 1991

In ForceWA

Jurisdiction

Western Australia

Collection

regulation

Plain English Summary

2/10 complexity

Evidence (Examination of witnesses outside the State) Regulations 1991 names which courts and judicial officers in other Australian jurisdictions count as the 'appropriate judicial authorities' for taking evidence out of Western Australia under s.109 of the Evidence Act. It affects courts, lawyers and parties organising out‑of‑state witness examinations, and matters because it fixes who may lawfully take such evidence and when the rules come into force (see r.2 and r.3).

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Current sections

Direct links to the current provisions in Evidence (Examination of witnesses outside the State) Regulations 1991.

Evidence (Examination of witnesses outside the State) Regulations 1991

CrestWestern Australia

Evidence Act 1906

Evidence (Examination of witnesses outside the State) Regulations 1991

Western Australia

Evidence (Examination of witnesses outside the State) Regulations 1991

Contents

Citation 1
Commencement 1
Judicial authorities prescribed for Act s. 109 1

Notes

Compilation table 3

Uncommenced provisions table 3

Western Australia

Evidence Act 1906

Evidence (Examination of witnesses outside the State) Regulations 1991

1. Citation

These regulations may be cited as the Evidence (Examination of witnesses outside the State) Regulations 1991 1.

2. Commencement

These regulations shall come into operation on the day on which section 9 of the Evidence Amendment Act 1987 comes into operation 1.

3. Judicial authorities prescribed for Act s. 109

Under section 109 of the Act, the courts or persons in Column 2 of the Table to this regulation are prescribed as appropriate judicial authorities for the place beside them in Column 1 of the Table.

Table

Column 1	Column 2
Australian Capital Territory	The Supreme Court Magistrates Court
New South Wales	The Supreme Court The District Court A Local Court
Northern Territory	A Judge of the Supreme Court A Magistrate
Queensland	The Supreme Court The District Courts The Magistrates Courts
South Australia	The Supreme Court A District Court The Magistrates Court
Tasmania	The Supreme Court
Victoria	The Supreme Court

[Regulation 3 amended: Gazette 11 Mar 2008 p. 820‑1.]

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Notes

This is a compilation of the Evidence (Examination of witnesses outside the State) Regulations 1991 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Citation	Gazettal	Commencement
Evidence (Examination of witnesses outside the State) Regulations 1991	8 Mar 1991 p. 1032	8 Mar 1991 (see r. 2 and Gazette 8 Mar 1991 p. 1030)
*Reprint 1: The Evidence (Examination of witnesses outside the State) Regulations 1991* as at 5 Mar 2004**
Evidence (Examination of witnesses outside the State) Amendment Regulations 2008	11 Mar 2008 p. 820‑1	r. 1 and 2: 11 Mar 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Mar 2008 (see r. 2(b))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA legislation website.

Citation	Published	Commencement
Evidence Act 2025 assented to 25 Sep 2025 s. 387(b)		To be proclaimed (see s. 2(e))

Source text

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

Western Australia

Evidence Act 1906

Evidence (Examination of witnesses outside the State) Regulations 1991

Western Australia

Evidence (Examination of witnesses outside the State) Regulations 1991

Contents

Citation 1
Commencement 1
Judicial authorities prescribed for Act s. 109 1

Notes

Compilation table 3

Uncommenced provisions table 3

Western Australia

Evidence Act 1906

Evidence (Examination of witnesses outside the State) Regulations 1991

1. Citation

These regulations may be cited as the Evidence (Examination of witnesses outside the State) Regulations 1991 1.

2. Commencement

These regulations shall come into operation on the day on which section 9 of the Evidence Amendment Act 1987 comes into operation 1.

3. Judicial authorities prescribed for Act s. 109

Under section 109 of the Act, the courts or persons in Column 2 of the Table to this regulation are prescribed as appropriate judicial authorities for the place beside them in Column 1 of the Table.

Table

Column 1	Column 2
Australian Capital Territory	The Supreme Court Magistrates Court
New South Wales	The Supreme Court The District Court A Local Court
Northern Territory	A Judge of the Supreme Court A Magistrate
Queensland	The Supreme Court The District Courts The Magistrates Courts
South Australia	The Supreme Court A District Court The Magistrates Court
Tasmania	The Supreme Court
Victoria	The Supreme Court

[Regulation 3 amended: Gazette 11 Mar 2008 p. 820‑1.]

Notes