EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998 - As at 14 July 2023 - Act 105 of 1998

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Interpretation
• 3A Appearances and entitlements to be present before courts
• 4 Notes
• 5 Application of Act

PART 1A - USE OF AUDIO LINKS OR AUDIO VISUAL LINKS WITH PLACES IN NSW, NON-PARTICIPATING STATES AND FOREIGN COUNTRIES IN PROCEEDINGS IN NSW COURTS

• 5A Application of this Part
• 5B Taking evidence and submissions from outside courtroom or place where court is sitting--proceedings generally
• 5BAA Taking evidence of government agency witnesses from outside courtroom or place where court is sitting--proceedings generally

PART 1B - USE OF AUDIO VISUAL LINKS WITHIN PLACES IN NSW FOR APPEARANCES OF ACCUSED DETAINEES IN PROCEEDINGS IN NSW COURTS

• 5BA Accused detainee to appear physically in physical appearance proceedings
• 5BB Accused detainee to appear by audio visual link in criminal proceedings other than physical appearance proceedings
5BBA. (Repealed)
• 5BC Facilities for private communication

PART 1C - PROVISIONS APPLYING TO PARTS 1A AND 1B GENERALLY

• 5C Premises to be considered part of court
• 5D Administration of oaths and affirmations

PART 2 - USE OF INTERSTATE AUDIO LINKS OR AUDIO VISUAL LINKS WITH A PARTICIPATING STATE IN PROCEEDINGS IN OR BEFORE NSW COURTS

• 6 Application of Part
• 7 NSW courts may take evidence and submissions from outside State
8-10. (Renumbered)
• 11 Counsel entitled to practise

PART 3 - USE OF INTERSTATE AUDIO LINKS OR AUDIO VISUAL LINKS WITH NSW IN PROCEEDINGS IN PARTICIPATING STATES

• 12 Application of Part
• 13 Recognised courts may take evidence or receive submissions from persons in New South Wales
• 14 Powers of recognised courts
• 15 Orders made by recognised court
• 16 Enforcement of order
• 17 Privileges, protection and immunity of participants in proceedings in courts of participating States
• 18 Recognised court may administer oath in the State
• 19 Assistance to recognised court
• 20 Contempt of recognised courts

PART 4 - MISCELLANEOUS

• 20A Giving evidence or making submissions by audio visual link
• 20B Giving evidence or making submissions by audio link
• 20C Expenses
• 20D Failure of audio link or audio visual link
• 20E Putting documents to a remote person
• 20F Directions
• 21 Proceedings for offences
• 22 Regulations and rules of court
• 22A Savings, transitional and other provisions
22B, 22C. (Repealed)
• 23 Review of Act
• SCHEDULE 1