Australian Capital Territory Current Acts

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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.

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