Australian Capital Territory Current Acts

EVIDENCE ACT 2011 - SECT 87

    (1)     For the purpose of deciding whether a previous representation made by a person is also taken to be an admission by a party, the court must admit the representation if it is reasonably open to find that—

        (a)     when the representation was made, the person had authority to make statements on behalf of the party in relation to the matter in relation to which the representation was made; or

        (b)     when the representation was made, the person was an employee of the party, or had authority otherwise to act for the party, and the representation related to a matter within the scope of the person's employment or authority; or

        (c)     the representation was made by the person in furtherance of a common purpose (whether lawful or not) that the person had with the party or 1 or more people including the party.

    (2)     For this section, the hearsay rule does not apply to a previous representation made by a person that tends to prove—

        (a)     that the person had authority to make statements on behalf of someone else in relation to a matter; or

        (b)     that the person was an employee of someone else or had authority otherwise to act for someone else; or

        (c)     the scope of the person's employment or authority.