Page 3553 - Week 09 - Thursday, 21 August 2008

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omit proposed new section 39 (1), substitute

(1) This section applies to the complainant or a similar act witness (the witness) giving evidence in—

(a) a sexual offence proceeding; or

(b) a violent offence proceeding in relation to a serious violent offence; or

(i) the witness is a relevant person in relation to the accused person; or

(ii) the court considers that the witness has a disability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.

Examples—par (c) (ii)

1 the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence

2 the witness is intimidated or distressed because of the witness’s relationship to the accused person

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Clause 16

Proposed new section 42

Page 26, line 20—

omit proposed new section 42, substitute

42 When does div 4.3 apply?

(1) This division applies if the complainant or a similar act witness (the witness) is to give evidence in any of the following proceedings, whether the evidence is to be given on oath or otherwise:

(a) a sexual offence proceeding;

(b) a violent offence proceeding in relation to a serious violent offence;

(i) the witness is a relevant person in relation to the accused person; or

(ii) the court considers that the witness has a disability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.

Examples—par (c) (ii)

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