(b) is unavailable to give evidence about the asserted
fact because the person is dead or mentally or physically incapable of giving
the evidence.
(2) The hearsay rule does not apply to evidence of the
representation given by a person who saw, heard or otherwise perceived the
representation, if the representation was—
(a) made when or shortly after
the asserted fact happened and in circumstances making it unlikely the
representation is a fabrication; or
(b) made in circumstances making it
highly probable the representation is reliable; or
(c) at the time it was
made, against the interests of the person who made it.
(3) If evidence given
by a person of a representation about a matter has been adduced by a party and
has been admitted under subsection (2) , the hearsay rule does not apply to
the following evidence adduced by another party to the proceeding—
(a)
evidence of the representation given by another person who saw, heard or
otherwise perceived the representation;
(b) evidence of another
representation about the matter given by a person who saw, heard or otherwise
perceived the other representation.
(4) To avoid any doubt, it is declared
that subsections (2) and (3) only provide exceptions to the hearsay rule for
particular evidence and do not otherwise affect the admissibility of the
evidence.
(5) In this section—
"prescribed criminal proceeding" means a criminal proceeding against a person
for an offence defined in the Criminal Code , chapters 28 to 32 .
"representation" includes—
(a) an express or implied representation, whether
oral or written; and
