63Exception: civil proceedings if maker not available

### 63 Exception: civil proceedings if maker not available > > (1)  This section applies in a civil proceeding if a person who made a previous representation is not available to give evidence about an asserted fact. > > > (2)  The hearsay rule does not apply to – > > > > > > (a) evidence of the representation given by a person who saw, heard or otherwise perceived the representation being made; or > > > > > > > (b) a document so far as it contains the representation, or another representation to which it is reasonably necessary to refer in order to understand the representation.