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.