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EVIDENCE ACT 1995 - SECT 60 Exception: evidence relevant for a non - hearsay purpose

EVIDENCE ACT 1995 - SECT 60

Exception: evidence relevant for a non - hearsay purpose

  (1)   The hearsay rule does not apply to evidence of a previous representation that is admitted because it is relevant for a purpose other than proof of an asserted fact .

  (2)   This section applies whether or not the person who made the representation had personal knowledge of the asserted fact (within the meaning of subsection   62(2)).

Note:   Subsection   ( 2) was inserted as a response to the decision of the High Court of Australia in Lee v The Queen (1998) 195 CLR 594.

  (3)   However, this section does not apply in a criminal proceeding to evidence of an admission.

Note:   The admission might still be admissible under section   81 as an exception to the hearsay rule if it is "first - hand" hearsay: see section   82.