Evidence (Amendment) Act 1922 (NSW)

EVIDENCE (AMENDMENT) ACT.

Act No. 3, 1922.

An	Act to a m e n d t h e law of evidence ; and for t h a t purpose to repea l cer ta in provisions of the Ev idence Act , 1898, and t h e Mat r imonia l
Causes Act . 1899. TAssented to , l o t h Augus t ,
1922.]

lative Council and Legislative Assembly of New South EE it enacted by the Kind's Most Excellent Majesty, by and with the advice and consent of the Legis-

Wales in Parliament assembled, and bv the authority of the same, as follows :—

1 . This Act mav be cited as the "Evidence (Amend-

ment) Act, 1922." *

2 . Section eleven of the Evidence Act, 1898, is repealed, and the following new section is inserted in place thereof: —

11. (1) A husband shall be competent but not compellable to disclose communications made between him and his wife during the marriage, and a wife shall be competent but not compellable to disclose communications made between her and her

husband during the marriage. (2)

(2) Where a husband and wife are both parties to a proceeding under the Matrimonial Causes Act, 1899, each of them shall be competent and compellable to disclose such communications.

(3) This section applies to communications made before as well as after the commencement of this Act.

3 . The Evidence Act, 1898, is amended by the insertion of the following new sections after section fifty-five :—•

56. When any question put to a witness in cross- examination is not relevant to the cause or pro­ ceeding, except so far as the truth of the matter suggested by the question affects the credit of the witness by injuring his character, the court shall have a discretion to disallow the question, if in its opinion the matter is so remote in time, or of such a nature that an admission of its truth would not materially affect the credibility of the witness.

57. The court may forbid any question or inquiry which it regards as indecent or scandalous, although the question or inquiry may have some bearing on the questions before the court, unless they relate to facts in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed.

58. The court may forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the court to be needlessly offensive in form.

59. I t shall not be lawful without the express permission of the court for any person to print or	publish any question or inquiry which has been
forbidden or disallowed by the court, on any of the
grounds mentioned in sections fifty-six, fifty-seven, and fifty-eight of this Act.

4. Section eighty of the Matrimonial Causes Act,

1899, is hereby repealed.

SMALL