6831Use of evidence taken in an examination—subsequent

6831 Use of evidence taken in an examination—subsequent (1) If the court makes an order under rule 6813 (Order for taking evidence otherwise than at trial) for a committal proceeding (the primary order), it may include in the primary order an order that evidence taken outside the ACT under the primary order may, subject to subrules (3), (4) and (5), be tendered in a proceeding (the subsequent proceeding) that is— (a) a criminal proceeding that results from the committal (b) a related civil proceeding. (2) If the court makes an order under rule 6813 for a criminal proceeding other than a committal proceeding (the primary order), it may include in the primary order an order that evidence taken outside the ACT under the primary order may, subject to subrules (3), (4) and (5), be tendered in a proceeding (also the subsequent proceeding) that is a related civil proceeding. (3) If the court has included in an order under rule 6813 (the primary order) an order under this rule, the court before which the subsequent proceeding is brought may allow a party to the subsequent proceeding to tender as evidence in the subsequent proceeding— (a) a person’s evidence taken in an examination held under the primary order; or (b) a record of that evidence.

Rule 6832 (4) However, evidence of a person tendered under subrule (3) is not admissible if— (a) at the hearing of the subsequent proceeding the court is satisfied that the person is in the ACT and is able to attend the hearing; or (b) the evidence would not have been admissible had it been given or produced at the hearing. (5) Also, the court before which the subsequent proceeding is brought may exclude from the subsequent proceeding evidence taken in an examination held under an order under rule 6813 even if it is otherwise admissible, if it considers that it is in the interests of justice to exclude the evidence. related civil proceeding, in relation to a criminal proceeding, means any civil proceeding arising from the same subject matter from which the criminal proceeding arose, and, in particular, includes— (a) a proceeding under the Confiscation of Criminal Assets Act 2003; and (b) a proceeding for the recovery of tax, or any duty, levy or charge payable to the Territory.