Northern Territory Consolidated Acts

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Special provisions regarding cultural information

    (1)     This section applies if, as part of the sentencing process, a party to proceedings seeks to present information to a court about:

        (a)     an aspect of any form of customary law (including any punishment or restitution under that law); or

        (b)     a cultural practice.

    (2)     Despite section 104, before agreeing to receive the information the court must have regard to:

        (a)     whether the party intends to present the information in the form of evidence on oath, an affidavit or a statutory declaration; and

        (b)     whether each other party to the proceedings:

            (i)     has been given notice that the information will be presented to the court; and

            (ii)     has had a reasonable opportunity to respond to the information.

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