Document ID: chunk:federal_register_of_legislation:C2011C00176:clause:1_22
Version: federal_register_of_legislation:C2011C00176
Segment Type: clause
Provision Reference: sch 1 cl 22
Character Range: 12178–12759

22  At the end of section 60
Add:

 (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.