Australian Capital Territory Consolidated Acts

MAGISTRATES COURT ACT 1930 - SECT 90AB

    (1)     A witness must not be cross-examined at a committal hearing if—

        (a)     the hearing relates to a sexual offence (whether or not it relates also to another offence); and

        (b)     the witness is a complainant in relation to the sexual offence.

    (2)     A witness (other than a witness mentioned in subsection (1)) must not be cross-examined at a committal hearing unless, on application by the party seeking to cross-examine the witness, the court is satisfied that—

        (a)     the party has—

              (i)     identified an issue to which the proposed questioning relates; and

              (ii)     provided a reason why the evidence of the witness is relevant to the issue; and

              (iii)     explained why the evidence disclosed by the prosecution does not address the issue; and

              (iv)     identified to the court the purpose and general nature of the questions to be put to the witness to address the issue; and

        (b)     the interests of justice cannot adequately be satisfied by leaving cross-examination of the witness about the issue to the trial.

    (3)     In this section:

"sexual offence "means an offence against the Crimes Act 1900 , part 3 (Sexual offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude).