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…