Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 45

Production of documents

  (1)   This section applies if a party is cross - examining or has cross - examined a witness about:

  (a)   a prior inconsistent statement alleged to have been made by the witness that is recorded in a document; or

  (b)   a previous representation alleged to have been made by another person that is recorded in a document.

  (2)   If the court so orders or if another party so requires, the party must produce:

  (a)   the document; or

  (b)   such evidence of the contents of the document as is available to the party;

to the court or to that other party.

  (3)   The court may:

  (a)   examine a document or evidence that has been so produced; and

  (b)   give directions as to its use; and

  (c)   admit it even if it has not been tendered by a party.

  (4)   Subsection   (3) does not permit the court to admit a document or evidence that is not admissible because of Chapter   3.

  (5)   The mere production of a document to a witness who is being cross - examined does not give rise to a requirement that the cross - examiner tender the document.



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