TASIn ForceAct
Evidence Act 2001
45Production of document
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### 45 Production of document
> > (1) This section applies if a party is cross-examining or has cross-examined a witness about –
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> > > > (a) a prior inconsistent statement alleged to have been made by the witness that is recorded in a document; or
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> > > > (b) a previous representation alleged to have been made by another person that is recorded in a document.
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> > (2) If the court so orders or if another party so requires, the party must produce –
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> > > > (a) the document; or
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> > > > (b) such evidence of the contents of the document as is available to the party –
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> > to the court or to that other party.
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> > (3) The court may –
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> > > > (a) examine a document or evidence that has been produced under [subsection (2)](#GS45@Gs2@EN) ; and
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> > > > (b) give directions as to its use; and
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> > > > (c) admit it even if it has not been tendered by a party.
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> > (4) [Subsection (3)](#GS45@Gs3@EN) does not permit the court to admit a document or evidence that is not admissible because of [Chapter 3](#HC3@EN) .
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> > (5) The mere production of a document to a witness being cross-examined does not give rise to a requirement that the cross-examiner tender the document.