3BUnavailability of persons

### 3B Unavailability of persons > > (1)  [*\[Section 3B Subsection (1) substituted by No. 46 of 2010, s. 5, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS5@EN) For the purposes of this Act, a person is taken not to be available to give evidence about a fact if – > > > > > > (a) the person is dead; or > > > > > > > (b) the person is, for any reason other than the application of [section 16](#GS16@EN) , not competent to give the evidence; or > > > > > > > (c) the person is mentally or physically unable to give the evidence and it is not reasonably practicable to overcome that inability; or > > > > > > > (d) it would be unlawful for the person to give the evidence; or > > > > > > > (e) a provision of this Act prohibits the evidence being given; or > > > > > > > (f) all reasonable steps have been taken, by the party seeking to prove the person is not available, to find the person or secure his or her attendance, but without success; or > > > > > > > (g) all reasonable steps have been taken, by the party seeking to prove the person is not available, to compel the person to give the evidence, but without success. > > > (2)  In all other cases the person is taken to be available to give evidence about the fact. > > > > | Note: The provisions in this section are contained in the Dictionary in the Evidence Act 1995 of the Commonwealth. |