Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 92

Exceptions

In force
Chapter 3Admissibility of evidence
Part 3.5Evidence of judgments and convictions

92 Exceptions

(1)

Subsection 91(1) does not prevent the admission or use of evidence of the grant of probate, letters of administration or a similar order of a court to prove:

(a)

the death, or date of death, of a person; or

(b)

the due execution of a testamentary document.

(2)

In a civil proceeding, subsection 91(1) does not prevent the admission or use of evidence that a party, or a person through or under whom a party claims, has been convicted of an offence, not being a conviction:

(a)

in respect of which a review or appeal (however described) has been instituted but not finally determined; or

(b)

that has been quashed or set aside; or

(c)

in respect of which a pardon has been given.

(3)

The hearsay rule and the opinion rule do not apply to evidence of a kind referred to in this section.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.