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Civil Law (Wrongs) Act 2002
139MProof of convictions for offences
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139M Proof of convictions for offences
(1) If the question whether or not a person committed an offence is in
question in defamation proceedings—
(a) proof that the person was convicted of the offence by an
Australian court is conclusive evidence that the person
committed the offence; and
(b) proof that the person was convicted of the offence by a court of
any country (other than an Australian court) or a court martial
of any country is evidence that the person committed the
offence.
Miscellaneous—ch 9 Part 9.5
(2) For the purposes of this section, the contents of a document that is
evidence of conviction of an offence, and the contents of an
information, complaint, indictment, charge sheet or similar document
on which a person is convicted of an offence, are admissible in
evidence to identify the facts on which the conviction is based.
(3) Subsection (2) does not affect the admissibility of other evidence to
identify the facts on which the conviction is based.
conviction, for an offence, includes a finding of guilt, but does not
include—
(a) a conviction that has been set aside or quashed; or
(b) a conviction for an offence for which a person has received a
pardon.