Evidence Act Amendment Act 1976 (WA)

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WESTERN AUSTRALIA.

EVIDENCE.

No. 145 of 1976.

AN ACT to amend the Evidence Act, 1906-1975.

[Assented to 13th December, 1976.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) This Act may be cited as the Evidence and

Short title

Act Amendment Act, 1976.

citation.

(2) In this Act the Evidence Act, 1906-1975 is Reprinted

as approved

referred to as the principal Act.

for reprint2nd July,

1971 and amended

(3) The principal Act as amended by this Act Acts Nos.by

91 of 197/

may be cited as the Evidence Act, 1906-1976.

and 61 of 1975.

No. 145.]

Evidence.

[1976.

Commence-

ment.

2.

Subject to section 3 of this Act, this Act shall

come into operation on a date to be fixed by

proclamation.

Applica-

tion.

3.

(1) The amendments to the principal Act effected by section 4 of this Act shall not have effect in relation to a hearing which began before the date on which this Act comes into operation.

(2) The amendments to the principal Act effected by section 5 of this Act shall not have effect in relation to a trial which began before the date on which this Act comes into operation.

Section 36A

added.

4. The principal Act is amended by adding after

section 36 the following new section-

Restrictions

on certain

36A. (1) Notwithstanding anything in this

evidence

and cross-

or any other Act or rule of law to the contrary,

examina-

tion at

but subject to subsection (4) of this section, at

committal

proceedings

a hearing before a court of summary jurisdiction

for rape,

etc.

or a children's court to determine whether there is sufficient evidence for a person charged with a rape offence to be committed to a court of competent jurisdiction for trial, no evidence about restricted matters shall be adduced by or on behalf of a defendant, and no question about restricted matters shall be asked in cross- examination by or on behalf of a defendant, except as authorised by leave given in pursuance of this section.

(2) Leave shall not be given except on an application by or on behalf of a defendant which specifies the restricted matters in respect of which it is made; and on such an application the court shall give leave if and only if it is satisfied that the restricted matters in respect of which the application is made are of such relevance to issues arising in the hearing that it would be unfair to the defendant to exclude evidence of those matters.

(3) If on such an application the court is

satisfied that it is made wholly or mainly for

the purpose of showing that a complainant

1976.

]

Evidence.

[No. 145.

behaved on a specific occasion in accordance with her disposition in sexual matters, the court shall…

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