24Examination de bene esse

24 Examination de bene esse

24 Examination de bene esse

(1) The Tribunal may, on the application of a party to proceedings before it, authorise—

(a) any judge, counsel, attorney or commissioner for affidavits, whether of New South Wales or elsewhere, or

(b) any British Consular Officer or Australian Consular Officer in any place out of New South Wales,

to take at some convenient place the examination of a witness de bene esse, if the witness—

(c) is absent from New South Wales, or

(d) is expected to die or to be unable from sickness or infirmity to attend at the hearing of the proceedings.

(2) In subsection (1), the expressions “Australian Consular Officer” and “British Consular Officer” have the same meanings as they have in section 26 of the Oaths Act 1900.

s 24: Am 2001 No 121, Sch 2.89.