### 61 Exception to hearsay rule dependent on competency > > (1) [*\[Section 61 Subsection (1) substituted by No. 46 of 2010, s. 16, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS16@EN) This Part does not enable use of a previous representation to prove the existence of an asserted fact if, when the representation was made, the person who made it was not competent to give evidence about the fact because of [section 13(1)](#GS13@Gs1@EN) . > > > (2) This section does not apply to a contemporaneous representation made by a person about his or her health, feelings, sensations, intention, knowledge or state of mind. > > > (3) For the purpose of this section, it is presumed, unless the contrary is proved, that when the representation was made the person who made it was competent to give evidence about the asserted fact.

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