Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 73

  (1)   The hearsay rule does not apply to evidence of reputation concerning:

  (a)   whether a person was, at a particular time or at any time, a married person; or

  (b)   whether 2 people cohabiting at a particular time were married to each other at that time; or

  (c)   a person's age; or

  (d)   family history or a family relationship.

  (2)   In a criminal proceeding, subsection   (1) does not apply to evidence adduced by a defendant unless:

  (a)   it tends to contradict evidence of a kind referred to in subsection   (1) that has been admitted; or

  (b)   the defendant has given reasonable notice in writing to each other party of the defendant's intention to adduce the evidence.

  (3)   In a criminal proceeding, subsection   (1) does not apply to evidence adduced by the prosecutor unless it tends to contradict evidence of a kind referred to in subsection   (1) that has been admitted.