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Evidence (National Uniform Legislation) 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
(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.
Notes for subsection (2)
1 Section 67 imposes notice requirements relating to this subsection.
Evidence (National Uniform Legislation) Act 2011 34
2 Clause 4 of Part 2 of the Dictionary is about the availability of persons.