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Clause 61

makes it clear that nothing in Part 3.2 enables the use of a previous representation to prove an asserted fact if the representation was made by a person who at the time it was made was not competent to give evidence of the fact. The clause makes it clear that competence is to be assessed in accordance with the test in clause 13. Subclause (2) makes it clear that the limitation in clause 61 does not apply to a person's contemporaneous representations about the person's health, feelings, sensations, intentions, knowledge or state of mind. The Note to subclause (2) refers to clause 66A for further information regarding admissibility of such contemporaneous statements. Division 2—"First-hand" hearsay