Western Australian Consolidated Acts

EVIDENCE ACT 1906 - SECT 109

109 .         Terms used

        (1)         In this section and in sections 110 to 114, unless the contrary intention appears —

        Australia includes the Territories of the Commonwealth (whether internal or external) for the government of which as a Territory provision is made by any Commonwealth Act;

        examination includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a foreign country in relation to a letter of request issued as a result of an order made by a court under this Act;

        inferior court means a court of the State, except when exercising federal jurisdiction, not being a superior court;

        judicial authority in relation to a place outside the State, means a court or person prescribed as an appropriate judicial authority for that place;

        superior court means the Supreme Court, the District Court or the Family Court of Western Australia, except when exercising federal jurisdiction.

        (2)         In sections 109 to 114, a reference to a place outside the State shall be taken to refer to a place outside the State whether within or outside Australia.

        [Section 109 inserted by No. 66 of 1987 s. 9.]