Australian Capital Territory Current Acts

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EVIDENCE ACT 2011 - SECT 73

Exception—reputation as to relationships and age

    (1)     The hearsay rule does not apply to evidence of reputation about—

        (a)     whether a person was, at a particular time or at any time, a married person; or

        (b)     whether 2 people cohabiting at a particular time were married to each other at the time; or

        (c)     a person's age; or

        (d)     family history or a family relationship.

    (2)     In a criminal proceeding, subsection (1) does not apply to evidence presented by a defendant unless—

        (a)     it tends to contradict evidence mentioned in subsection (1) that has been admitted; or

        (b)     the defendant has given reasonable notice in writing to each other party of the defendant's intention to present the evidence.

    (3)     In a criminal proceeding, subsection (1) does not apply to evidence presented by the prosecutor unless it tends to contradict evidence mentioned in subsection (1) that has been admitted.



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