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Act index » Chapter 3 - Admissibility of evidence Introductory Note » Part 3.2 - Hearsay » Division 3 - Other exceptions to the hearsay rule
73 Exception—reputation as to relationships and age
(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
S. 73(2)(b) amended by No. 68/2009 s. 97(Sch. item 55.16 (b)(c)).
(c)a person's age; or
(d)family history or a family relationship.
(2)In a criminal proceeding, subsection (1) does not apply to evidence adduced by an accused unless—
S. 73(2) amended by No. 68/2009 s. 97(Sch. item 55.16(a)).
(a)it tends to contradict evidence of a kind referred to in subsection (1) that has been admitted; or
(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.