Commonwealth Consolidated Acts

FOREIGN EVIDENCE ACT 1994 - SECT 9

             (1)  Subject to subsection (2), the court may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding:

                     (a)  a person's evidence taken in an examination held as a result of an order under subsection 7(1); or

                     (b)  a record of that evidence.

             (2)  Evidence of a person so tendered is not admissible if:

                     (a)  it appears to the court's satisfaction at the hearing of the proceeding that the person is in Australia and is able to attend the hearing; or

                     (b)  the evidence would not have been admissible had it been adduced at the hearing.