Exception—civil proceedings if maker not available

In force

(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

The dictionary, pt 2, s 4 is about the availability of people.

This Act’s bill:Explanatory statement Second reading speech

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63 Exception—civil proceedings if maker not available