Commonwealth Numbered Acts

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EVIDENCE ACT 1995 No. 2 of 1995 - SECT 63

Exception: civil proceedings if maker not available
63. (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)  oral 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: Clause 4 of Part 2
        of the Dictionary is about the availability of persons. 


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