Australian Capital Territory Current Acts

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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.

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