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EVIDENCE ACT 1995 - SECT 63

Exception: civil proceedings if maker not available

  (1)   This section applies in a civil proceeding if a person who made a previous representation is not available to give evidence about an asserted fact.

  (2)   The hearsay rule does not apply to:

  (a)   evidence of the representation that is given by a person who saw, heard or otherwise perceived the representation being made; or

  (b)   a document so far as it contains the representation, or another representation to which it is reasonably necessary to refer in order to understand the representation.

Note 1:   Section   67 imposes notice requirements relating to this subsection.

Note 2:   Clause   4 of Part   2 of the Dictionary is about the availability of persons.



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