Section 45 — Evidence Act 1995 (Cth)

(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.

Related sections

• s 42 — Leading questions
• s 43 — Prior inconsistent statements of witnesses
• s 44 — Previous representations of other persons
• s 46 — Leave to recall witnesses
• s 47 — Definitions
• s 48 — Proof of contents of documents

Research how courts apply s 45

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