National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-8 - EVIDENTIARY USE OF CERTAIN MATERIAL  

Division 2 - Evidentiary use of certain material  

SECTION 305   WEIGHT OF EVIDENCE ADMITTED UNDER SECTION 304  

305(1)   [ Application of section]  

This section applies if evidence of a statement made by a person at an examination of the person is admitted under section 304 in proceedings.

305(2)   [ Assessing quality of evidence]  

In deciding how much weight (if any) to give to the statement as evidence of a matter, regard is to be had to:

(a) how long after the matters to which it related the statement was made; and

(b) any reason the person may have had for concealing or misrepresenting a material matter; and

(c) any other circumstances from which it is reasonable to draw an inference about how accurate the statement is.

305(3)   [ When person not called as witness]  

If the person is not called as a witness in the proceedings:

(a) evidence that would, if the person had been so called, have been admissible in the proceedings for the purpose of destroying or supporting his or her credibility is so admissible; and

(b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.

305(4)   [ When evidence not admissible]  

However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceedings and denied the matter in cross-examination, evidence of the matter would not have been admissible if adduced by the cross-examining party.