Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 9

             (1)  For the avoidance of doubt, this Act does not affect an Australian law so far as the law relates to a court's power to dispense with the operation of a rule of evidence or procedure in an interlocutory proceeding.

             (2)  For the avoidance of doubt, this Act does not affect a law of a State or Territory so far as the law relates to:

                     (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 the relevant court; or

                     (b)  bail; or

                     (c)  any requirement for admission of evidence in support of an alibi.

             (3)  For the avoidance of doubt, this Act does not affect a law of a State or Territory so far as the law provides for:

                     (a)  the operation of a legal or evidential presumption (except so far as this Act is, expressly or by necessary intendment, inconsistent with the presumption); or

                     (b)  the admissibility of a document to depend on whether stamp duty has been paid; or

                     (c)  a requirement that notice must be given before evidence may be adduced; or

                     (d)  evidentiary effect to be given to a certificate or other document issued under that or any other law of the State or Territory; or

                     (e)  proof of title to property (other than by a means provided for by this Act that is applicable to proof of title to property).

Note:          This section differs from section 9 of the NSW Act.