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Evidence (National Uniform Legislation) Act 2011
9Application of common law and equity
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9 Application of common law and equity
(1) This Act does not affect the operation of a principle or rule of
common law or equity in relation to evidence in a proceeding to
which this Act applies, except so far as this Act provides otherwise
expressly or by necessary intendment.
Evidence (National Uniform Legislation) Act 2011 5
(2) Without limiting subsection (1), this Act does not affect the
operation of such a principle or rule so far as it relates to any of the
(a) admission or use of evidence of reasons for a decision of a
member of a jury, or of the deliberations of a member of a jury
in relation to such a decision, in a proceeding by way of
appeal from a judgment, decree, order or sentence of a court;
(b) the operation of a legal or evidential presumption that is not
inconsistent with this Act;
(c) a court's power to dispense with the operation of a rule of
evidence or procedure in an interlocutory proceeding.
Note for section 9
This section differs from section 9 of the Commonwealth Act. That section
preserves the written and unwritten laws of States and Territories in relation to
various matters.