Document ID: chunk:federal_register_of_legislation:C2011C00176:clause:1_106
Version: federal_register_of_legislation:C2011C00176
Segment Type: clause
Provision Reference: sch 1 cl 106
Character Range: 23260–24284

106  Exception: rebutting denials by other evidence

 (1) The credibility rule does not apply to evidence that is relevant to a witness's credibility and that is adduced otherwise than from the witness if:
 (a) in cross‑examination of the witness:
 (i) the substance of the evidence was put to the witness; and
 (ii) the witness denied, or did not admit or agree to, the substance of the evidence; and
 (b) the court gives leave to adduce the evidence.

 (2) Leave under paragraph (1)(b) is not required if the evidence tends to prove that the witness:
 (a) is biased or has a motive for being untruthful; or
 (b) has been convicted of an offence, including an offence against the law of a foreign country; or
 (c) has made a prior inconsistent statement; or
 (d) is, or was, unable to be aware of matters to which his or her evidence relates; or
 (e) has knowingly or recklessly made a false representation while under an obligation, imposed by or under an Australian law or a law of a foreign country, to tell the truth.