New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 73

Exception: reputation as to relationships and age

73 Exception: reputation as to relationships and age

(1) The hearsay rule does not apply to evidence of reputation concerning:
(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 that 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 adduced by a defendant unless:
(a) it tends to contradict evidence of a kind referred to 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 adduce the evidence.
(3) In a criminal proceeding, subsection (1) does not apply to evidence adduced by the prosecutor unless it tends to contradict evidence of a kind referred to in subsection (1) that has been admitted.



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