FOREIGN EVIDENCE ACT 1994 - SECT 9 Use of evidence taken in an examination

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.