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Evidence (National Uniform Legislation) Act 2011
94Application
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94 Application
(1) This Part does not apply to evidence that relates only to the
credibility of a witness.
(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 avoid 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 the purposes of 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.