Australian Capital Territory Repealed Acts

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This legislation has been repealed.

EVIDENCE ACT 1971 (REPEALED) - SECT 60

Party's discrediting of own witness

    (1)     The party by whom a witness is called is not entitled to impeach the credit of the witness by general evidence of bad character.

    (2)     On the application of the party by whom a witness has been called, the court may grant leave to the party—

        (a)     to prove that the witness has, at another time, made a statement inconsistent with his or her own evidence; or

        (b)     to cross-examine the witness as to whether the witness has, at any time, made a statement inconsistent with his or her own evidence.

    (3)     The court may grant an application under subsection (2) whether or not it is alleged or proved that the witness is adverse to the party by whom he or she was called.

    (4)     A party is not entitled to prove that a witness has made a statement inconsistent with his or her own evidence unless the witness has been informed of sufficient of the circumstances of the making of the statement to identify the occasion on which the statement was made and has been asked whether he or she made the statement.



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