Section 60 — Evidence Act 1995 (Cth)

(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 subsection 62(2)).

Note: Subsection (2) was inserted as a response to the decision of the High Court of Australia 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 section 81 as an exception to the hearsay rule if it is “first‑hand” hearsay: see section 82.

Related sections

• s 57 — Provisional relevance
• s 58 — Inferences as to relevance
• s 59 — The hearsay rule—exclusion of hearsay evidence
• s 61 — Exceptions to the hearsay rule dependent on competency
• s 62 — Restriction to “first‑hand” hearsay
• s 63 — Exception: civil proceedings if maker not available

Research how courts apply s 60

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.