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COMMONWEALTHAct
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s 15

Discretion to exclude evidence

In force
Part 2Examination of witnesses abroad
Division 4Miscellaneous

15 Discretion to exclude evidence

(1)

This section applies to any civil proceeding or criminal proceeding in a superior court, the Federal Circuit and Family Court of Australia (Division 2) or an inferior court.

(2)

If it is in the interests of justice to do so, a court may exclude from the proceeding evidence obtained under this Part, even if it is otherwise admissible.

(3)

This Part does not affect a court’s power under any other law to exclude, or limit the use of, evidence:

(a)

because it has been obtained unlawfully or improperly; or

(b)

because it would, if admitted, operate unfairly or be unfairly prejudicial to a party; or

(c)

for any other reason.

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