108AAdmissibility of evidence of credibility of person who has made a previous representation

### 108A Admissibility of evidence of credibility of person who has made a previous representation > [*\[Section 108A Inserted by No. 46 of 2010, s. 30, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS30@EN) > > > (1)  If – > > > > > > (a) evidence of a previous representation has been admitted in a proceeding; and > > > > > > > (b) the person who made the representation has not been called, and will not be called, to give evidence in the proceeding – > > > > credibility evidence about the person who made the representation is not admissible unless the evidence could substantially affect the assessment of the person's credibility. > > > (2)  Without limiting the matters which the court may have regard to for the purposes of [subsection (1)](#GS108A@Gs1@EN) , it is to have regard to – > > > > > > (a) whether the evidence tends to prove that the person who made the representation knowingly or recklessly made a false representation when the person was under an obligation to tell the truth; and > > > > > > > (b) the period that elapsed between the doing of the acts or the occurrence of the events to which the representation related and the making of the representation.