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provides for exceptions to the hearsay rule in criminal proceedings where the maker of the "first-hand" hearsay representation is available to give evidence. Subclause (1) provides that the clause applies where a person who made a previous representation is available to give evidence about an asserted fact. Subclause (2) sets out that if the maker has been called or is to be called to give evidence, evidence of the representation may be given by the maker, or by someone else who witnessed the representation, if, when the representation was made, the occurrence of the asserted fact was fresh in the memory of the maker. Subclause (2A) sets out factors the court may take into account in determining the "freshness" of the memory. This may be determined by a wide range of factors in addition to the temporal relationship between the occurrence of the asserted fact and the making of the representation. The nature of the event and the age and health of the person are included as examples of the considerations which may be relevant to an assessment of the "freshness" of the memory. This is in accordance with the 2005 LRCs' Report (recommendation 8-4). The Note to subclause (2A) sets out that subclause (2A) is a response to Graham v The Queen (1998) 195 CLR 606. Subclause (3) provides that if a representation was made for the purpose of indicating the evidence that the maker would be able to give in a proceeding, the exception to the hearsay rule is not to apply to evidence adduced by the prosecutor unless the representation concerns the identity of a person, place or thing. Subclause (4) provides that a document containing a representation (pursuant to subclause (2)) must not be tendered before the conclusion of the examination in chief of the person who made the representation, unless the court gives leave.