Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 64

64. (1) This section applies in a civil proceeding if a person who made a
previous representation is 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; if it would cause undue expense or
        undue delay, or would not be reasonably practicable, to call the
        person who made the representation to give evidence. Note: Section 67
        imposes notice requirements relating to this subsection. Section 68 is
        about objections to notices that relate to this subsection.

(3) If the person who made the representation has been or is to be called to
give evidence, the hearsay rule does not apply to evidence of the
representation that is given by:

   (a)  that person; or

   (b)  a person who saw, heard or otherwise perceived the representation
        being made; if, when the representation was made, the occurrence of
        the asserted fact was fresh in the memory of the person who made the
        representation.

(4) A document containing a representation to which subsection (3) applies
must not be tendered before the conclusion of the examination in chief of the
person who made the representation, unless the court gives leave. Note: Clause
4 of Part 2 of the Dictionary is about the availability of persons.