Tasmanian Numbered Acts

EVIDENCE ACT 2001 (NO. 76 OF 2001) - SECT 179

179. Proof of identity of convicted persons by 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 prescribed form; 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 purpose 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.