Document ID: chunk:federal_register_of_legislation:C2021C00472:section:45
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 45
Character Range: 50011–51049

45  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 another person that is recorded in a document.
 (2) If the court so orders or if another party so requires, the party must produce:
 (a) the document; or
 (b) such evidence of the contents of the document as is available to the party;
to the court or to that other party.
 (3) The court may:
 (a) examine a document or evidence that has been so produced; 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.