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This is a Bill, not an Act. For current law, see the Acts databases.


EVIDENCE AND RELATED LEGISLATION AMENDMENT BILL 2017 BILL 45 OF 2017

                                    TASMANIA

                                    __________


                EVIDENCE AND RELATED LEGISLATION
                      AMENDMENT BILL 2017
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                                    CONTENTS
       PART 1 - PRELIMINARY
          1.     Short title
          2.     Commencement

       PART 2 - CRIMINAL CODE ACT 1924 AMENDED
          3.     Principal Act
          4.     Schedule 1 amended (Criminal Code)
                   326A. Order for separate trial for sexual offences

       PART 3 - EVIDENCE ACT 2001 AMENDED
          5.     Principal Act
          6.     Section 101 amended (Further restrictions on tendency evidence
                 and coincidence evidence adduced by the prosecution)

       PART 4 - REPEAL OF ACT
          7.     Repeal of Act




[Bill 45]-VII

 


 

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EVIDENCE AND RELATED LEGISLATION AMENDMENT BILL 2017 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. SHANE DONNELLY, Clerk of the House 18 October 2017 (Brought in by the Minister for State Growth, the Honourable Matthew Guy Groom, acting for and on behalf of the Minister for Justice) A BILL FOR An Act to amend the Evidence Act 2001 and the Criminal Code Act 1924 Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - PRELIMINARY 1. Short title This Act may be cited as the Evidence and Related Legislation Amendment Act 2017. 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. [Bill 45] 3

 


 

Evidence and Related Legislation Amendment Act 2017 Act No. of s. 3 Part 2 - Criminal Code Act 1924 Amended PART 2 - CRIMINAL CODE ACT 1924 AMENDED 3. Principal Act In this Part, the Criminal Code Act 1924* is referred to as the Principal Act. 4. Schedule 1 amended (Criminal Code) Schedule 1 to the Principal Act is amended by inserting the following section after section 326 in Chapter XXXVIII: 326A. Order for separate trial for sexual offences (1) In this section - sexual offence means - (a) a crime under section 124, 125, 125A, 125B, 125C, 125D, 126, 127, 127A, 129, 130, 133 or 185; or (b) a crime under section 298, 299 or 300 in relation to a crime specified in a section referred to in paragraph (a). (2) Despite section 326 and any rule of law to the contrary, if in accordance with this Act 2 or more charges for sexual offences are joined in the same *No. 69 of 1924 4

 


 

Evidence and Related Legislation Amendment Act 2017 Act No. of Part 2 - Criminal Code Act 1924 Amended s. 4 indictment, it is presumed that those charges are to be tried together. (3) The presumption created by subsection (2) is not rebutted merely because evidence on one charge is inadmissible on another charge. 5

 


 

Evidence and Related Legislation Amendment Act 2017 Act No. of s. 5 Part 3 - Evidence Act 2001 Amended PART 3 - EVIDENCE ACT 2001 AMENDED 5. Principal Act In this Part, the Evidence Act 2001* is referred to as the Principal Act. 6. Section 101 amended (Further restrictions on tendency evidence and coincidence evidence adduced by the prosecution) Section 101 of the Principal Act is amended by inserting after subsection (4) the following subsection: (5) The possibility that tendency evidence about a defendant, or coincidence evidence about a defendant, adduced by the prosecution may be the result of collusion, concoction or suggestion is to be disregarded when considering both the probative value of the evidence and the prejudicial effect it may have on the defendant. Note: Subsection (5) does not appear in the Evidence Act 1995 of the Commonwealth. *No. 76 of 2001 6

 


 

Evidence and Related Legislation Amendment Act 2017 Act No. of Part 4 - Repeal of Act s. 7 PART 4 - REPEAL OF ACT 7. Repeal of Act This Act is repealed on the three hundred and sixty fifth day from the day on which it commences. Government Printer, Tasmania 7

 


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