Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 45

             (1)  This section applies if a party is cross‑examining or has cross‑examined a witness about:

                     (a)  a prior inconsistent statement alleged to have been made by the witness that is recorded in a document; or

                     (b)  a previous representation alleged to have been made by another person that is recorded in a document.

             (2)  If the court so orders or if another party so requires, the party must produce:

                     (a)  the document; or

                     (b)  such evidence of the contents of the document as is available to the party;

to the court or to that other party.

             (3)  The court may:

                     (a)  examine a document or evidence that has been so produced; and

                     (b)  give directions as to its use; and

                     (c)  admit it even if it has not been tendered by a party.

             (4)  Subsection (3) does not permit the court to admit a document or evidence that is not admissible because of Chapter 3.

             (5)  The mere production of a document to a witness who is being cross‑examined does not give rise to a requirement that the cross‑examiner tender the document.