Australian Capital Territory Current Acts

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Production of documents

    (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 someone else that is recorded in a document.

    (2)     If the court orders or if another party requires, the party must produce to the court or to the other party

        (a)     the document; or

        (b)     evidence of the contents of the document that is available to the party.

    (3)     The court may—

        (a)     examine a document or evidence that has been produced under subsection (2); 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.

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