Tasmanian Numbered Acts Tasmanian Numbered Acts19. Compellability of spouses and others in certain proceedings
Section 18 does not apply in proceedings if –
(a) the defendant is charged with incest; or
(b) the defendant is charged with a crime under section 124, 125, 125A, 126, 127, 127A, 128 or 129 of the Criminal Code against a person who, at the time the alleged crime was committed, had not attained the age of 16 years; or
(c) the defendant is charged with a crime under section 298, 299 or 300 of the Criminal Code in relation to a crime referred to in paragraph (b) or (d); or
(d) the defendant is charged under any provision of Chapter XIX or XX of the Criminal Code with a crime against a person who, at the time of the alleged crime, had not attained the age of 16 years; or
(e) the defendant is charged with an offence under the Police Offences Act 1935 involving an assault on, or the threat of violence to, a person who, at the time of the alleged offence, had not attained the age of 16 years; or
(f) the defendant is charged with assault against, or any other offence involving violence or the threat of violence to, his or her spouse or de facto spouse or a parent or child of the defendant; or
(g) the proceedings were instituted as the result of a complaint by the spouse or de facto spouse for an offence alleged to have been committed by the defendant against or in relation to the property of his or her spouse or de facto spouse.
Note: This section differs from section 19 of the Evidence Act 1995 of the Commonwealth.