59Hearsay rule – exclusion of hearsay evidence

59 Hearsay rule – exclusion of hearsay evidence

(1)  [Section 59 Subsection (1) amended by No. 46 of 2010, s. 14, Applied:01 Jan 2011] Evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed that the person intended to assert by the representation.

(2)  Such a fact is referred to in this Part as an asserted fact.

(2A)  [Section 59 Subsection (2A) inserted by No. 46 of 2010, s. 14, Applied:01 Jan 2011] For the purposes of determining under subsection (1) whether it can reasonably be supposed that the person intended to assert a particular fact by the representation, the court may have regard to the circumstances in which the representation was made.

(3)  Subsection (1) does not apply to evidence of a representation contained in a certificate or other document given or made under regulations made under an Act other than this Act to the extent to which the regulations provide that the certificate or other document has evidentiary effect.