Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - 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.

             (2)  In a criminal proceeding, subsection (1) does not apply to evidence adduced by a defendant unless:

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

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