Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 61

61. (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
he or she was incapable of giving a rational reply to a question about the
fact.

(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 72.

(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.