Australian Capital Territory Consolidated Acts

SUPREME COURT ACT 1933 - SECT 58A

    (1)     On the trial before the Supreme Court of a person who has been committed for trial, whether for the offence in relation to which the person was committed for trial or for an offence founded on evidence disclosed in the course of the committal hearing, it is provided that—

        (a)     a witness whose depositions were taken in the course of the committal proceedings is dead, is so ill as not to be able to travel or give evidence or is absent from Australia; and

        (b)     if the witness gave evidence in person at the committal hearing, the accused person or the accused person's lawyer had the opportunity to cross-examine the witness;

any of the statements in the depositions that would, if the witness who made the depositions had given evidence on the trial have been admissible, are admissible as evidence on the trial.

    (2)     In this section:

"depositions", of a witness, means—

        (a)     if a record of the depositions was made in accordance with the Magistrates Court Act 1930 , section 316 (2) (Record of proceedings)—a transcript of the record certified in accordance with that Act, section 314 (2) (Registrar to give directions for preparation of transcript); or

        (b)     if the depositions were taken down in writing and signed in accordance with the Magistrates Court Act 1930 , section 316 (3)—the depositions taken down and signed.