Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 66

66. (1) This section applies in a criminal proceeding if a person who made a
previous representation is available to give evidence about an asserted fact.

(2) If that person 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.

(3) If a representation was made for the purpose of indicating the evidence
that the person who made it would be able to give in an Australian or overseas
proceeding, subsection (2) does not apply to evidence adduced by the
prosecutor of the representation unless the representation concerns the
identity of a person, place or thing.

(4) A document containing a representation to which subsection (2) 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.