Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 89

89. (1) In a criminal proceeding, an inference unfavourable to a party must
not be drawn from evidence that the party or another person failed or refused:

   (a)  to answer one or more questions; or

   (b)  to respond to a representation; put or made to the party or other
        person in the course of official questioning.

(2) Evidence of that kind is not admissible if it can only be used to draw
such an inference.

(3) Subsection (1) does not prevent use of the evidence to prove that the
party or other person failed or refused to answer the question or to respond
to the representation if the failure or refusal is a fact in issue in the
proceeding.

(4) In this section:

"inference" includes:

   (a)  an inference of consciousness of guilt; or

   (b)  an inference relevant to a party's credibility.