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COMMONWEALTHAct
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s 191

Agreements as to facts

In force
Chapter 5Miscellaneous

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 purposes 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)

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.

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