148CConditions for use of video links and audio links

148C  Conditions for use of video links and audio links Video link  (1) The President of a court martial or a Defence Force magistrate must not exercise the power conferred by subsection 148A(1) or 148B(1) in relation to a video link unless the President or Defence Force magistrate is satisfied that the following conditions are met in relation to the video link:  (a) the courtroom or other place where the court martial or Defence Force magistrate is sitting is equipped with facilities (for example, television monitors) that enable all eligible persons present in that courtroom or place to see and hear the person (the remote person) who is:  (i) giving the testimony; or  (ii) appearing; or  (iii) making the submission;   by way of the video link;  (b) the place at which the remote person is located is equipped with facilities (for example, television monitors) that enable all eligible persons present in that place to see and hear each eligible person who is present in the courtroom or other place where the court martial or Defence Force magistrate is sitting;  (c) such other conditions (if any) as are prescribed by the Court Martial and Defence Force Magistrate Rules in relation to the video link;  (d) such other conditions (if any) as are imposed by the court martial or Defence Force magistrate.  (2) The conditions that may be prescribed by the Court Martial and Defence Force Magistrate Rules in accordance with paragraph (1)(c) include conditions relating to:  (a) the form of the video link; and  (b) the equipment, or class of equipment, used to establish the link; and  (c) the layout of cameras; and  (d) the standard of transmission; and  (e) the speed of transmission; and  (f) the quality of communication. Audio link  (3) The President of a court martial or the Defence Force magistrate must not exercise the power conferred by subsection 148A(1) or 148B(1) in relation to an audio link unless the President or Defence Force magistrate is satisfied that the following conditions are met in relation to the audio link:  (a) the courtroom or other place where the court martial or the Defence Force magistrate is sitting is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that courtroom or place to hear the person (the remote person) who is:  (i) giving the testimony; or  (ii) appearing; or  (iii) making the submission;   by way of the audio link;  (b) the place at which the remote person is located is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that place to hear each eligible person who is present in the courtroom or other place where the court martial or the Defence Force magistrate is sitting;  (c) such other conditions (if any) as are prescribed by the Court Martial and Defence Force Magistrate Rules in relation to the audio link;  (d) such other conditions (if any) as are imposed by the court martial or Defence Force magistrate.  (4) The conditions that may be prescribed by the Court Martial and Defence Force Magistrate Rules in accordance with paragraph (3)(c) include conditions relating to:  (a) the form of the audio link; and  (b) the equipment, or class of equipment, used to establish the audio link; and  (c) the standard of transmission; and  (d) the speed of transmission; and  (e) the quality of communication. Eligible persons  (5) For the purposes of the application of this section to particular proceedings, eligible persons are such persons as the court martial or the Defence Force magistrate conducting the proceedings considers should be treated as eligible persons for the purposes of the proceedings.