SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 292 Weight of evidence admitted under section 291

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 292

  (1)   This section applies if evidence of a statement made by a person at an examination of the person is admitted under section   291 in a proceeding.

  (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 proceeding:

  (a)   evidence that would, if the person had been so called, have been admissible in the proceeding 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 proceeding and denied the matter in cross - examination, evidence of the matter would not have been admissible if adduced by the cross - examining party.