(c) that the accused person, or
his or her Australian legal practitioner, had full opportunity to
cross-examine the witness, or that the accused person (having been excused
under section 72) was absent when the deposition was taken and was not
represented by an Australian legal practitioner.
(2) The deposition--
(a)
must be in writing, signed by the Judge by or before whom the deposition was
taken, or
(b) must be in the form of a written transcript of matter recorded
by means, other than writing, authorised by law for the recording of
depositions.
(3) If the deposition is in the form of a written transcript
referred to in subsection (2) (b), it must be proved on oath--
(a) that the
record so made is a true record of the matter so deposed, and
(b) that the
transcript of the record is a correct transcript of that record.
(4) If it
appears from the deposition--
(a) that it was made in the presence of the
accused person, and
(b) that the accused person, or his or her Australian
legal practitioner, had full opportunity to cross-examine the witness,
the
deposition is taken to have been so made and the accused person, or his or her
Australian legal practitioner, is taken to have had such an opportunity,
unless proved to the contrary.
(5) If it appears from the deposition--
(a)
that it was made while the accused person (having been excused under
section 72) was absent, and
(b) that the accused person was not represented
by an Australian legal practitioner at that time,
the deposition is taken to
have been so made and the accused person is taken to have not been represented
by an Australian legal practitioner, unless proved to the contrary.