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Evidence Act 2011
63Exception—civil proceedings if maker not available
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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 that is 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.
Note 1 Section 67 imposes notice requirements relating to this subsection.
Note 2 The dictionary, pt 2, s 4 is about the availability of people.