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Report No. 88

10.24. New South Wales Amendment.-

It appears that as a reaction to the decision in Sankey v. Whitlam, the New South Wales State Government also amended the Evidence Act to provide in section 61(1) as under:-

"61. (1) When the Attorney-General certifies in writing that in his opinion-

(a) any communication described in the certificate or any communication relating to a matter so described, is a government communication and is confidential; and

(b) the disclosure of the communication in any legal proceedings described in the certificate is not in the public interest, the communication shall not be disclosed in or in relation to those legal proceedings or be admissible in evidence in those legal proceedings".

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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