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Evidence (National Uniform Legislation) Act 2011
43Prior inconsistent statements of witnesses
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43 Prior inconsistent statements of witnesses
(1) A witness may be cross-examined about a prior inconsistent
statement alleged to have been made by the witness whether or
not:
(a) complete particulars of the statement have been given to the
witness; or
(b) a document containing a record of the statement has been
shown to the witness.
(2) If, in cross-examination, a witness does not admit that he or she
has made a prior inconsistent statement, the cross-examiner is not
to adduce evidence of the statement otherwise than from the
witness unless, in the cross-examination, the cross-examiner:
(a) informed the witness of enough of the circumstances of the
making of the statement to enable the witness to identify the
statement; and
(b) drew the witness's attention to so much of the statement as is
inconsistent with the witness's evidence.
(3) For the purpose of adducing evidence of the statement, a party may
re-open the party's case.