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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 20 Territory courts may take evidence and submissions from participating

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 20

Territory courts may take evidence and submissions from participating States

    (1)     A territory court may, on the application of a party to a proceeding before the court or on its own initiative, direct that evidence be taken or a submission made by audiovisual link or audio link, from a participating State.

    (2)     The court may make the direction only if satisfied that—

        (a)     the necessary facilities are available or can reasonably be made available; and

        (b)     the evidence or submission can more conveniently be given or made from the participating State; and

        (c)     the making of the direction is not unfair to a party opposing the making of the direction.

    (3)     The court may exercise in the participating State, in relation to taking evidence or receiving a submission by audiovisual link or audio link, any of its powers that the court is permitted, under the law of the participating State, to exercise in the participating State.

    (4)     The court may at any time amend or revoke a direction under this part, either on the application of a party to the proceeding or on its own initiative.