Section 103 — Evidence Act 1995 (Cth)

(1) The credibility rule does not apply to evidence adduced in cross‑examination of a witness if the evidence could substantially affect the assessment of the credibility of the witness.

(2) Without limiting the matters to which the court may have regard for the purposes of subsection (1), it is to have regard to:

(a) whether the evidence tends to prove that the witness knowingly or recklessly made a false representation when the witness was under an obligation to tell the truth; and

(b) the period that has elapsed since the acts or events to which the evidence relates were done or occurred.

Related sections

• s 101 — Further restrictions on tendency evidence and coincidence evidence adduced by prosecution
• s 101A — Credibility evidence
• s 102 — The credibility rule
• s 104 — Further protections: cross‑examination of accused
• s 106 — Exception: rebutting denials by other evidence
• s 108 — Exception: re‑establishing credibility

Research how courts apply s 103

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