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EVIDENCE ACT 2001 - SECT 19 Compellability of spouses and others in certain proceedings

EVIDENCE ACT 2001 - SECT 19

Compellability of spouses and others in certain proceedings

Section 18 does not apply in proceedings if  –
(a) the defendant is charged with incest; or
(b) the defendant is charged with a crime under section 124 , 124A , 125 , 125A , 125B , 126 , 127 , 127A , 128 or 129 of the Criminal Code against a person who, at the time the alleged crime was committed, had not attained the age of 16 years; or
(c) the defendant is charged with a crime under section 298 , 299 or 300 of the Criminal Code in relation to a crime referred to in paragraph (b) or (d) ; or
(d) the defendant is charged under any provision of Chapter XIX or XX of the Criminal Code with a crime against a person who, at the time of the alleged crime, had not attained the age of 16 years; or
(e) the defendant is charged with an offence under the Police Offences Act 1935 involving an assault on, or the threat of violence to, a person who, at the time of the alleged offence, had not attained the age of 16 years; or
(f) the defendant is charged with assault against, or any other offence involving violence or the threat of violence to, his or her spouse or a parent or child of the defendant; or
(fa) the defendant is charged with family violence, within the meaning of the Family Violence Act 2004 ; or
(g) the proceedings were instituted as the result of a complaint by the spouse for an offence alleged to have been committed by the defendant against or in relation to the property of his or her spouse.

Note: This section differs from section 19 of the Evidence Act 1995 of the Commonwealth.