Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 43

             (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.