Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 106

Exception: rebutting denials by other evidence

  (1)   The credibility rule does not apply to evidence that is relevant to a witness's credibility and that is adduced otherwise than from the witness if:

  (a)   in cross - examination of the witness:

  (i)   the substance of the evidence was put to the witness; and

  (ii)   the witness denied, or did not admit or agree to, the substance of the evidence; and

  (b)   the court gives leave to adduce the evidence.

  (2)   Leave under paragraph   (1)(b) is not required if the evidence tends to prove that the witness:

  (a)   is biased or has a motive for being untruthful; or

  (b)   has been convicted of an offence, including an offence against the law of a foreign country; or

  (c)   has made a prior inconsistent statement; or

  (d)   is, or was, unable to be aware of matters to which his or her evidence relates; or

  (e)   has knowingly or recklessly made a false representation while under an obligation, imposed by or under an Australian law or a law of a foreign country, to tell the truth.



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