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Evidence Act 2011
60Exception—evidence relevant for a non-hearsay purpose
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60 Exception—evidence relevant for a non-hearsay purpose
(1) The hearsay rule does not apply to evidence of a previous
representation that is admitted because it is relevant for a purpose
other than proof of an asserted fact.
(2) This section applies whether or not the person who made the
representation had personal knowledge of the asserted fact (within the
meaning of section 62 (2) (Restriction to first-hand hearsay)).
Note Subsection (2) was inserted as a response to the decision of the High
Court in Lee v The Queen (1998) 195 CLR 594.
(3) However, this section does not apply in a criminal proceeding to
evidence of an admission.
Note The admission might still be admissible under s 81 as an exception to the
hearsay rule if it is first-hand hearsay—see s 82.