Section 62 — Evidence Act 1995 (Cth)

(1) A reference in this Division (other than in subsection (2)) to a previous representation is a reference to a previous representation that was made by a person who had personal knowledge of an asserted fact.

(2) A person has personal knowledge of the asserted fact if his or her 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 another person about the fact.

(3) For the purposes of section 66A, 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 referred to in that section was made.

Related sections

• s 59 — The hearsay rule—exclusion of hearsay evidence
• s 60 — Exception: evidence relevant for a non‑hearsay purpose
• s 61 — Exceptions to the hearsay rule dependent on competency
• s 63 — Exception: civil proceedings if maker not available
• s 64 — Exception: civil proceedings if maker available
• s 65 — Exception: criminal proceedings if maker not available

Research how courts apply s 62

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