104ASpecial 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 (b) a cultural practice.

Sentencing Act 1995 79 (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 (b) whether each other party to the proceedings: (i) has been given notice that the information will be presented to the court; and (ii) has had a reasonable opportunity to respond to the information.