Victorian Current Acts

EVIDENCE ACT 2008 - 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 a man and a woman 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.

S. 73(2) amended by No. 68/2009 s. 97(Sch. item 55.16(a)).

    (2)     In a criminal proceeding, subsection (1) does not apply to evidence adduced by an accused unless—

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

S. 73(2)(b) amended by No. 68/2009 s. 97(Sch. item 55.16 (b)(c)).

        (b)     the accused has given reasonable notice in writing to each other party of the intention of the accused 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.