Section 35 — Evidence Act 1995 (Cth)

Effect of calling for production of documents

(1) A party is not to be required to tender a document only because the party, whether under this Act or otherwise:

(a) called for the document to be produced to the party; or

(b) inspected it when it was so produced.

(2) The party who produces a document so called for is not entitled to tender it only because the party to whom it was produced, or who inspected it, fails to tender it.

Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 32 — Attempts to revive memory in court
s 33 — Evidence given by police officers
s 34 — Attempts to revive memory out of court
s 36 — Person may be examined without subpoena or other process
s 37 — Leading questions
s 38 — Unfavourable witnesses

Research how courts apply s 35

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free