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Legislative Assembly for the ACT: 2003 Week 3 Hansard (23 October) . . Page.. 4072..


Schedule of amendments

Schedule 1

Evidence (Miscellaneous Provisions) Amendment Bill 2003

Amendments moved by the Attorney-General

1

Clause 4

Proposed new section 53

Page 11, line 13-

omit proposed new section 53, substitute

Decision to give leave under s 51

The court must not give leave under section 51 (General immunity of evidence of complainant's sexual activities) unless satisfied that the evidence-

has substantial relevance to the facts in issue; or

is a proper matter for cross-examination about credit.

Evidence (sexual activity evidence ) that relates to, or tends to establish, the fact that the complainant was accustomed to engage in sexual activities is not to be regarded as having a substantial relevance to the facts in issue because of any inference it may raise about general disposition.

Sexual activity evidence is not to be regarded as being a proper matter for cross-examination about credit unless the evidence, if accepted, would be likely to substantially impair confidence in the reliability of the complainant's evidence.

If the court gives leave under section 51, it must give written reasons for its decision.

In this section:

proper matter for cross-examination about credit -evidence is a proper matter for cross-examination about credit if the credibility rule under the Evidence Act 1995 (Cwlth), section 102 does not apply to the evidence because of that Act, section 103 (Exception: cross-examination as to credibility).

2

Clause 4

Proposed new section 55 (1)

Page 14, line 15-

omit

victim of a sexual offence

substitute

person against whom a sexual offence was, or is alleged to have been, committed


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