Document ID: chunk:federal_register_of_legislation:C2021C00472:section:43
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 43
Character Range: 47798–48748

43  Prior inconsistent statements of witnesses
 (1) A witness may be cross‑examined about a prior inconsistent statement alleged to have been made by the witness whether or not:
 (a) complete particulars of the statement have been given to the witness; or
 (b) a document containing a record of the statement has been shown to the witness.
 (2) If, in cross‑examination, a witness does not admit that he or she has made a prior inconsistent statement, the cross‑examiner is not to adduce evidence of the statement otherwise than from the witness unless, in the cross‑examination, the cross‑examiner:
 (a) informed the witness of enough of the circumstances of the making of the statement to enable the witness to identify the statement; and
 (b) drew the witness's attention to so much of the statement as is inconsistent with the witness's evidence.
 (3) For the purpose of adducing evidence of the statement, a party may re‑open the party's case.