This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
enables the court to exclude evidence obtained improperly, unlawfully or in consequence of an impropriety or a contravention of the law. Such evidence is excluded unless the desirability of admitting it outweighs the undesirability of admitting evidence obtained in the particular way it was obtained. The clause is intended to reflect, with some modifications, the exclusionary discretion at common law that is known as the rule in Bunning v Cross (1978) 141 CLR 54. The clause sets out a range of factors the court can consider when determining whether to exclude evidence under this clause.