National Consumer Credit Protection Act 2009

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.

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

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

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

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

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

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

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

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.