A rule or order under section 194C is not to be made with respect to a witness who is a party to the action or proceeding, on the ground of his or her intended departure from Tasmania, unless it –

(a) is shown to the satisfaction of the court or judge that the departure is urgently required by unavoidable circumstances or some unexpected emergency; and

(b) the examination is not sought in order to avoid cross-examination before the court or a jury.

Note: This section does not appear in the Evidence Act 1995 of the Commonwealth.