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Evidence Act 2011
62Restriction to first-hand hearsay
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62 Restriction to first-hand hearsay
(1) For this division (other than in subsection (2)), a previous
representation is a previous representation that was made by a person
who had personal knowledge of an asserted fact.
(2) A person has personal knowledge of an asserted fact if the person’s
knowledge of the fact was, or might reasonably be supposed to have
been, based on something that the person saw, heard or otherwise
perceived, other than a previous representation made by someone else
about the fact.
(3) For section 66A (Exception—contemporaneous statements about a
person’s health etc), a person has personal knowledge of the asserted
fact if it is a fact about the person’s health, feelings, sensations,
intention, knowledge or state of mind at the time the representation
mentioned in the section was made.