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Clause 108A

deals with the admissibility of credibility evidence of a person who has made a previous representation. Previous representation is a defined term. Subclause (1) applies to all situations in which evidence of a previous representation has been admitted and where the maker of the representation is not called to give evidence. In accordance with recommendations 12-1 and 12-6 of the 2005 LRCs' Report, this clause reflects the new definition of credibility evidence (see clauses 102 and 103(2)) so that credibility evidence about the person will not be admissible unless it could substantially affect the person's credibility. It ensures that subclause (1) applies to evidence relevant to credibility.