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EVIDENCE ACT 1995 - SECT 61 Exceptions to the hearsay rule dependent on competency

EVIDENCE ACT 1995 - SECT 61

Exceptions to the hearsay rule dependent on competency

  (1)   This Part does not enable use of a previous representation to prove the existence of an asserted fact if, when the representation was made, the person who made it was not competent to give evidence about the fact because of subsection   13(1).

  (2)   This section does not apply to a contemporaneous representation made by a person about his or her health, feelings, sensations, intention, knowledge or state of mind.

Note:   For the admissibility of such contemporaneous representations, see section   66A .

  (3)   For the purposes of this section, it is presumed, unless the contrary is proved, that when the representation was made the person who made it was competent to give evidence about the asserted fact.