Victorian Current Acts

EVIDENCE ACT 2008 - SECT 45

    (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.