(1)  This section applies only to credibility evidence in a criminal proceeding and so applies in addition to section 103 .

(2)  A defendant must not be cross-examined about a matter that is relevant to the assessment of the defendant's credibility, unless the court gives leave.

(3)  Despite subsection (2) , leave is not required for cross-examination by the prosecutor about whether the defendant –

(a) is biased or has a motive to be untruthful; or

(b) is, or was, unable to be aware of or recall matters to which his or her evidence relates; or

(c) made a prior inconsistent statement.

(4)  Leave must not be given for cross-examination by the prosecutor under subsection (2) unless –

(a) the defendant or the person representing the defendant has questioned the witnesses for the prosecution to prove that the defendant is, either generally or in a particular respect, a person of good character; or

(b) the nature or conduct of the defence involves imputations on the character of the prosecutor or any witness for the prosecution.

(5)  Leave is not to be given for cross-examination by another defendant unless –

(a) the evidence that the defendant to be cross-examined has given includes evidence adverse to the defendant seeking leave to cross-examine; and

(b) that evidence has been admitted.

Note: This section differs from section 104 of the Evidence Act 1995 of the Commonwealth.