Northern Territory Numbered Acts

EVIDENCE AND OTHER LEGISLATION AMENDMENT ACT 2020 (NO 3 OF 2020) - SECT 10

After section 113

insert

Division 4A     Recorded statements

113A     Definitions

In this Division:

"complainant", see section 21G of the Evidence Act 1939.

"domestic violence offence", see section 21G of the Evidence Act 1939 .

"recorded statement", see section 21G of the Evidence Act 1939 .

113B     Application of Division

This Division applies if:

    (a)     a recorded statement is made in relation to an alleged domestic violence offence; and

    (b)     the protected person in relation to an application for a domestic violence order is the complainant from whom the recorded statement was taken; and

    (c)     the defendant against whom a domestic violence order is sought is the person against whom the domestic violence offence is alleged.

113C     Use of recorded statement

Part 3A of the Evidence Act 1939 applies in proceedings to which this Part applies as if a reference in that Part:

    (a)     to a domestic violence offence proceeding were a reference to a proceeding for a domestic violence order; and

    (b)     to a hearing of a charge, or a trial in respect of a domestic violence offence were a reference to proceedings for a domestic violence order; and

    (c)     to the prosecution were a reference to the applicant.