(1) Except as provided by this Division, a trial judge is not required to direct the jury—
(a) when the accused does not give evidence or call a witness; or
(b) when the prosecution does not call or question a witness.
(2) Any rule of common law to the contrary of subsection (1) is abolished.
1 This provision abolishes directions based on the rule attributed to Weissensteiner v R  HCA 65; (1993) 178 CLR 217 and applied in Azzopardi v R  HCA 25; (2001) 205 CLR 50 and the rule attributed to Jones v Dunkel  HCA 8; (1959) 101 CLR 298 and applied to the accused and prosecution in criminal cases in Dyers v R  HCA 45; (2002) 210 CLR 285.
2 Section 4 applies generally to override any rule of law or practice to the contrary of this Act.
Pt 4 Div. 7 (Heading and ss 44A–44E) inserted by No. 37/2017 s. 5.
Division 7—Previous representations
S. 44A inserted by No. 37/2017 s. 5.