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 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.