Retirement Savings Accounts Act 1997

PART 10 - MONITORING AND INVESTIGATION  

Division 7 - Evidentiary use of certain material  

SECTION 122   WEIGHT OF EVIDENCE ADMITTED UNDER SECTION 121  

122(1)   [Application]  

This section applies if evidence of a statement made by a person at an examination of the person is admitted under section 121 in a proceeding.

122(2)   [Weight 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.

122(3)   [Admissible evidence]  

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

(a) evidence that would, if the person had been so called, have been admissible in the proceeding 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.

122(4)   [Inadmissible evidence]  

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