sec.21AFEvidence-in-chief

### sec.21AF Evidence-in-chief The affected child’s evidence-in-chief must be given as a statement without the child being called as a witness. For this section, the Justices Act 1886 , section 110A applies with all necessary changes and as though a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3 . Also, for the purposes of applying the Justices Act 1886 , section 110A , that section is to be read with the following changes— if the child’s statement is a written statement— subsections (4) , (5) , (6) , (6B) , (8) and (9) of that section were omitted; if the child’s statement is not a written statement— subsections (4) , (5) , (6) , (6B) , (6C) , (8) and (9) of that section were omitted; and in subsection (13) — the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and paragraph (a) were omitted. Further, for the purposes of applying the Justices Act 1886 , section 111 , that section applies with all necessary changes and is to be read as though, in subsections (1) and (2) , the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place. In addition, for the purposes of applying the Criminal Law Amendment Act 1892 , section 4 , that section applies with all necessary changes and is to be read as though— a reference to a deposition included a reference to a statement contained in a document; and a reference to the reading of a deposition that is not a written statement included a reference to the showing of a statement contained in a document. In this section— statement means— a written statement; or a statement contained in a document. s 21AF ins 2003 No. 55 s 60 amd 2010 No. 26 s 66 (sec.21AF-ssec.1) The affected child’s evidence-in-chief must be given as a statement without the child being called as a witness. (sec.21AF-ssec.2) For this section, the Justices Act 1886 , section 110A applies with all necessary changes and as though a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3 . (sec.21AF-ssec.3) Also, for the purposes of applying the Justices Act 1886 , section 110A , that section is to be read with the following changes— if the child’s statement is a written statement— subsections (4) , (5) , (6) , (6B) , (8) and (9) of that section were omitted; if the child’s statement is not a written statement— subsections (4) , (5) , (6) , (6B) , (6C) , (8) and (9) of that section were omitted; and in subsection (13) — the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and paragraph (a) were omitted. (sec.21AF-ssec.4) Further, for the purposes of applying the Justices Act 1886 , section 111 , that section applies with all necessary changes and is to be read as though, in subsections (1) and (2) , the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place. (sec.21AF-ssec.5) In addition, for the purposes of applying the Criminal Law Amendment Act 1892 , section 4 , that section applies with all necessary changes and is to be read as though— a reference to a deposition included a reference to a statement contained in a document; and a reference to the reading of a deposition that is not a written statement included a reference to the showing of a statement contained in a document. (sec.21AF-ssec.6) In this section— statement means— a written statement; or a statement contained in a document. - (a) if the child’s statement is a written statement— subsections (4) , (5) , (6) , (6B) , (8) and (9) of that section were omitted; - (b) if the child’s statement is not a written statement— (i) subsections (4) , (5) , (6) , (6B) , (6C) , (8) and (9) of that section were omitted; and (ii) in subsection (13) — (A) the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and (B) paragraph (a) were omitted. - (i) subsections (4) , (5) , (6) , (6B) , (6C) , (8) and (9) of that section were omitted; and - (ii) in subsection (13) — (A) the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and (B) paragraph (a) were omitted. - (A) the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and - (B) paragraph (a) were omitted. - (i) subsections (4) , (5) , (6) , (6B) , (6C) , (8) and (9) of that section were omitted; and - (ii) in subsection (13) — (A) the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and (B) paragraph (a) were omitted. - (A) the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and - (B) paragraph (a) were omitted. - (A) the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and - (B) paragraph (a) were omitted. - (a) a reference to a deposition included a reference to a statement contained in a document; and - (b) a reference to the reading of a deposition that is not a written statement included a reference to the showing of a statement contained in a document. - (a) a written statement; or - (b) a statement contained in a document.