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Evidence Act 2011
106Exception—rebutting denials by other evidence
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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 presented 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 present the evidence.
Credibility of witnesses Division 3.7.2
(2) Leave under subsection (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 the witness’s
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.