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EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998 - SECT 3 Interpretation

EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998 - SECT 3

Interpretation

3 Interpretation

(1) In this Act--


"accused detainee" means a person who is being held in custody in a correctional centre, detention centre, police station or other place of detention and includes, in relation to a proceeding for a summary offence, a defendant who is so being held.


"audio link" means facilities (including telephone) that enable audio communication between persons at different places.


"audio visual link" means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.


"designated government agency" means the following--
(a) the Department of Corrective Services,
(b) the Department of Juvenile Justice,
(c) any other government agency prescribed by the regulations.

"detention centre" has the same meaning it has in the Children (Detention Centres) Act 1987 .


"government agency" means any person, department or body exercising executive or administrative functions on behalf of the Government.


"NSW court" means--
(a) a NSW court within the meaning of the Evidence Act 1995 , or
(b) a coroner, or
(c) a tribunal prescribed by the regulations as a NSW court for the purposes of this Act, or
(d) a Children's Registrar exercising any function of the Children's Court conferred or imposed on the Registrar by or under the Children's Court Act 1987 .
Note : In the Evidence Act 1995
"NSW court" means--
(a) the Supreme Court, or
(b) any other court created by Parliament,
(including such a court exercising federal jurisdiction) and includes any person or body (other than a court) that, in exercising a function under the law of the State, is required to apply the laws of evidence.

"participating State" means another State in which provisions of a law in terms substantially corresponding to Parts 2 and 3 are in force.


"physical appearance proceedings" means the following--
(a) any trial (including an arraignment on the day appointed for the trial) or hearing of charges,
(b) any inquiry into a person's fitness to be tried for an offence,
(c) any proceeding relating to bail--
(i) brought before a Magistrate or justice in respect of the period between the person being charged with the offence and the person's first appearance before a court in relation to the offence, or
(ii) on a person's first appearance before a court in relation to the offence.

"recognised court" means a court or tribunal of a participating State that is authorised by the provisions of a law of that State in terms substantially corresponding to Parts 2 and 3 to direct that evidence be taken or submissions made by audio link or audio visual link from New South Wales.


"State" includes Territory.


"tribunal" of a State means a person or body authorised by or under a law of the State to take evidence on oath or affirmation.
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) A reference in this Act (other than Part 1B) to making a submission to a court includes a reference to making an appearance before the court.