106Exception: rebutting denials by other evidence

### 106 Exception: rebutting denials by other evidence > [*\[Section 106 Substituted by No. 46 of 2010, s. 30, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS30@EN) > > > (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 [subsection (1)(b)](#GS106@Gs1@Hpb@EN) 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.