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Evidence Act 2011
94Application—pt 3.6
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94 Application—pt 3.6
(1) This part does not apply to evidence that relates only to the witness’s
credibility.
(2) This part does not apply so far as a proceeding relates to bail or
sentencing.
(3) This part does not apply to evidence of—
(a) the character, reputation or conduct of a person; or
(b) a tendency that a person has or had;
if that character, reputation, conduct or tendency is a fact in issue.
(4) To remove any doubt, any principle or rule of the common law or
equity that prevents or restricts the admissibility of evidence about
propensity or similar fact evidence in a proceeding is not relevant
when applying this part to tendency evidence or coincidence evidence
about a defendant.
(5) In determining the probative value of tendency evidence or
coincidence evidence for section 97 (1) (b), 97A (4), 98 (1) (b)
or 101 (2), it is not open to the court to have regard to the possibility
that the evidence may be the result of collusion, concoction or
contamination.