EVIDENCE ACT 1995 - SECT 44 Previous representations of other persons

EVIDENCE ACT 1995 - SECT 44

  (1)   Except as provided by this section, a cross - examiner must not question a witness about a previous representation alleged to have been made by a person other than the witness.

  (2)   A cross - examiner may question a witness about the representation and its contents if:

  (a)   evidence of the representation has been admitted; or

  (b)   the court is satisfied that it will be admitted.

  (3)   If subsection   ( 2) does not apply and the representation is contained in a document, the document may only be used to question a witness as follows:

  (a)   the document must be produced to the witness;

  (b)   if the document is a tape recording, or any other kind of document from which sounds are reproduced--the witness must be provided with the means (for example, headphones) to listen to the contents of the document without other persons present at the cross - examination hearing those contents;

  (c)   the witness must be asked whether, having examined (or heard) the contents of the document, the witness stands by the evidence that he or she has given;

  (d)   neither the cross - examiner nor the witness is to identify the document or disclose any of its contents.

  (4)   A document that is so used may be marked for identification.