New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) Subject to subsection (2) and except to the extent (if any) that the court otherwise directs, evidence in any proceedings before the court under this Act (other than proceedings for an offence) is to be given by affidavit.
(2) Except to the extent (if any) that the parties otherwise agree or the court otherwise directs, an affidavit may not, in the absence of the deponent, be admitted in evidence under subsection (1).
(3) Where proceedings for or in respect of an offence against this Act are taken before the court, a witness present in the court at the hearing of the proceedings is, unless the court otherwise directs in a particular case or class of cases, to give evidence by means of a written statement a copy of which has been given both to the court and the parties and which, at the hearing, is verified orally on oath by the witness.
(4) A witness who, pursuant to this section, gives evidence by affidavit or written statement may be cross-examined and re-examined as if he or she had given oral evidence on oath of the matter of the statement.