Northern Territory Consolidated Acts

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EVIDENCE ACT - SECT 49E

Territory courts may take evidence, &c., from outside courtroom or place where court is sitting

    (1)     A Territory court may, of its own motion or on the application of a party to a proceeding before the court, direct (conditionally or unconditionally) that a person (whether or not a party to the proceeding) appear before, or give evidence or make a submission to, the court by a communication link from any place within or outside the Territory (including outside Australia) that is outside the courtroom or other place where the court is sitting.

    (2)     The court must not make the direction unless it is satisfied that:

        (a)     the necessary facilities are available or can reasonably be made available; and

        (b)     the evidence can more conveniently be given, or the appearance or submission can more conveniently be made, from the place that is outside the courtroom or other place where the court is sitting.

    (3)     Without limiting the matters to which the court may have regard, the court must have regard to whether the making of the direction would be unfair to any person.

    (4)     The court may at any time vary or revoke an order made under this Division, either of its own motion or on application of a party to the proceedings.

    (5)     A requirement by or under an Act that a person is to be present, or is to attend or be brought, before a Territory court is to be taken to be satisfied if he or she is present, attends or is brought before the court by way of a communication link in accordance with this Division.



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