(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.