Document ID: chunk:federal_register_of_legislation:C2011C00176:clause:1_31
Version: federal_register_of_legislation:C2011C00176
Segment Type: clause
Provision Reference: sch 1 cl 31
Character Range: 14023–14597

31  After subsection 66(2)
Insert:

 (2A) In determining whether the occurrence of the asserted fact was fresh in the memory of a person, the court may take into account all matters that it considers are relevant to the question, including:
 (a) the nature of the event concerned; and
 (b) the age and health of the person; and
 (c) the period of time between the occurrence of the asserted fact and the making of the representation.

Note: Subsection (2A) was inserted as a response to the decision of the High Court of Australia in Graham v The Queen (1998) 195 CLR 606.