Tasmanian Bills Clause Notes

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EVIDENCE AND RELATED LEGISLATION AMENDMENT BILL 2017 BILL 45 OF 2017

                                 CLAUSE NOTES

            Evidence and Related Legislation Amendment Bill 2017

Clause 1:       Short title of the Bill.

Clause 2:       The Act commences on Royal Assent.

Clause 3:       In Part 2 of the Bill the Principal Act is the Criminal Code Act 1924.

Clause 4:       Amends Schedule 1 of the Principal Act inserting new Section 326A which
                includes a definition of “sexual offence” and provides that where two or
                more sexual offences are joined on the same indictment there is a
                presumption that the charges are to be tried together.

                New section 326A(3) also provides that the presumption is not rebutted
                merely because the evidence on one charge is inadmissible on another
                charge.

Clause 5:       In Part 3 of the Bill the Principal Act is the Evidence Act 2001.

Clause 5:       Amends Section 101 of the Principal Act to provide that the possibility of
                collusion, concoction or suggestion is not relevant to the admissibility of
                tendency or coincidence evidence.

Clause 7:       Provides that this Act is repealed a year after it commences.




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