Australian Capital Territory Current Acts

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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.

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