Text as at 25 March 2024

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

45 Production of documents

Explained inBill clause 45 EM on clause 45

(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— to the court or to that other party.

(a)the document; or

(b)such evidence of the contents of the document as is available to the 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.