191Agreements as to facts

191 Agreements as to facts

(1)  In this section,

agreed fact means a fact that the parties to a proceeding have agreed is not, for the purpose of the proceeding, to be disputed.

(2)  In a proceeding –

(a) evidence is not required to prove the existence of an agreed fact; and

(b) evidence may not be adduced to contradict or qualify an agreed fact –

unless the court gives leave.

(3)  Subsection (2) does not apply unless the agreed fact –

(a) [Section 191 Subsection (3) amended by No. 46 of 2010, s. 50, Applied:01 Jan 2011] is stated in an agreement in writing signed by the parties or by Australian legal practitioners, legal counsel or prosecutors representing the parties and adduced in evidence in the proceeding; or

(b) with the leave of the court, is stated by a party before the court with the agreement of all other parties.