EVIDENCE ACT 1906 - SECT 36A
EVIDENCE ACT 1906 - SECT 36A
36A . Terms used
(1) In this section
and in sections 36B, 36BA, 36BC, 36BD, 36BE and 36C —
accused in relation to a hearing or trial, means
any accused at the hearing or trial whether or not that accused is charged
with a sexual offence;
complainant in relation to proceedings for a
sexual offence means a person upon or in respect of whom it is alleged that a
sexual offence was committed, attempted or proposed;
repealed Code section means a repealed section of
The Criminal Code that, before it was repealed, enacted an offence constituted
by acts or omissions that are substantially the same as the acts or omissions
that constitute an offence under a section or Chapter of The Criminal Code
that is mentioned in paragraph (a) or (b) of the definition of sexual offence
in this subsection;
sexual offence means an offence —
(a)
under section 186 or 191(1)(a) of The Criminal Code or section 7, 15, or 18 of
the Prostitution Act 2000 ; or
(b)
under Chapter XXXI of The Criminal Code ; or
(ba)
under a repealed Code section; or
(c) of
attempting to commit any of the offences under paragraph (a), (b) or (ba); or
(d) of
conspiring to commit any of the offences under paragraph (a), (b) or (ba).
(2) In this section
and in sections 36B, 36BA, 36BC and 36BE, proceedings for a sexual offence
means proceedings in which a person stands charged with a sexual offence
whether the person stands charged with that offence alone or together with any
other offence (as an additional or alternative count) and whether or not the
person is liable on the charge to be found guilty of any other offence.
[Section 36A inserted: No. 74 of 1985 s. 15;
amended: No. 70 of 1988 s. 38; No. 14 of 1992 s. 13; No. 17 of 2000 s. 64; No.
71 of 2000 s. 7; No. 70 of 2004 s. 19(3); No. 84 of 2004 s. 85(2); No. 2 of
2008 s. 42(2) and (3).]