Northern Territory Numbered Acts

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EVIDENCE OF CHILDREN AMENDMENT ACT 2007 (NO 16 OF 2007) - SECT 7

Amendment of section 105B (Written and recorded statements may be admitted in evidence)

(1)     Section 105B(2)(a) and (b)

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    (a)     the person making the statement:

        (i)     has made a statutory declaration under the Oaths Act verifying its accuracy; or

        (ii)     is a child; and

    (b)     the statement:

        (i)     if made by an adult – contains a statement of that fact; and

        (ii)     if made by a child – contains a statement of that fact and of the age of the child; and

(2)     Section 105B(2A)

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    (2A)     A recorded statement may only be admitted as evidence if the person making the statement:

    (a)     verifies its accuracy by statutory declaration under the Oaths Act ; or

    (b)     is a child.

(3)     Section 105B(11)

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    (11)     Subsections (3), (6), (7) and (9) do not apply if:

    (a)     the preliminary examination involves a charge of a sexual offence or a serious violence offence and the statement was made by a child; or

    (b)     the preliminary examination involves a charge of a sexual offence and the statement was made by the alleged victim of the offence.



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