Australian Capital Territory Consolidated Acts

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 32

    (1)     Subject to any Act or rules of court, a territory court may, on the application of a party to a proceeding before it or on its own initiative, direct that a person, whether or not a party to the proceeding, appear before, or give evidence or make a submission to, the court by audiovisual link or audio link from—

        (a)     a place in the ACT that is outside the courtroom or other place where the court is sitting; or

        (b)     a place outside the ACT but within Australia (other than a participating State).

Note     The Evidence and Procedure (New Zealand) Act 1994 (Cwlth), pt 4 (Use of video links or telephones in Australian proceedings) and the Court Procedures Rules 2006 , div 6.10.7 (Taking evidence from New Zealand by video link or telephone) apply to the taking of evidence and submissions by audiovisual links or audio links from New Zealand.

    (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 place; and

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

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

    (4)     While a person is at a place giving evidence or making a submission, the place is taken to be part of the court.