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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 305 Weight of evidence admitted under section 304

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 305

Weight of evidence admitted under section 304

  (1)   This section applies if evidence of a statement made by a person at an examination of the person is admitted under section   304 in proceedings.

  (2)   In deciding how much weight (if any) to give to the statement as evidence of a matter, regard is to be had to:

  (a)   how long after the matters to which it related the statement was made; and

  (b)   any reason the person may have had for concealing or misrepresenting a material matter; and

  (c)   any other circumstances from which it is reasonable to draw an inference about how accurate the statement is.

  (3)   If the person is not called as a witness in the proceedings:

  (a)   evidence that would, if the person had been so called, have been admissible in the proceedings for the purpose of destroying or supporting his or her credibility is so admissible; and

  (b)   evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.

  (4)   However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceedings and denied the matter in cross - examination, evidence of the matter would not have been admissible if adduced by the cross - examining party.

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