Special provisions regarding cultural information
104A Special provisions regarding cultural information
(1) This section applies if, as part of the sentencing process, a party to proceedings seeks to present information to a court about:
(a) an aspect of any form of customary law (including any punishment or restitution under that law); or
a cultural practice.
(2) Despite section 104, before agreeing to receive the information the court must have regard to:
(a) whether the party intends to present the information in the form of evidence on oath, an affidavit or a statutory declaration; and
whether each other party to the proceedings:
(i) has been given notice that the information will be presented to the court; and
has had a reasonable opportunity to respond to the information.
This Act’s bill:Second reading speech
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