Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 101A

Credibility evidence

                   Credibility evidence , in relation to a witness or other person, is evidence relevant to the credibility of the witness or person that:

                     (a)  is relevant only because it affects the assessment of the credibility of the witness or person; or

                     (b)  is relevant:

                              (i)  because it affects the assessment of the credibility of the witness or person; and

                             (ii)  for some other purpose for which it is not admissible, or cannot be used, because of a provision of Parts 3.2 to 3.6.

Note 1:       Sections 60 and 77 will not affect the application of paragraph (b), because they cannot apply to evidence that is yet to be admitted.

Note 2:       Section 101A was inserted as a response to the decision of the High Court of Australia in Adam v The Queen (2001) 207 CLR 96.


 



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