NTIn ForceAct
Evidence Act 1939
49MPutting objects to remote person
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49M Putting objects to remote person
(1) If in the course of examination of a person by a communication link
it is necessary to put an object, other than a document, to the
person, a Territory entity may permit the object to be put to the
person:
(a) if the object is at the place where the entity is sitting:
(i) by transmitting by any means (including by the
image of the object to the place where the person is
giving evidence or making a submission; and
(ii) by the image transmitted being then put to the person;
or
(b) if the object is at the place where the person is giving
evidence or making a submission:
(i) by putting the object to the person; and
(ii) by then transmitting by any means (including by the
image of the object to the place where the entity is
sitting.
(2) The entity may permit the video, electronic or other image of the
object transmitted to the place where the entity is sitting, or any
copy of that image, to be admissible as evidence of the object.
Division 3 Use of interstate audiovisual links or audio links in
Territory proceedings
49N Application of Division
This Division applies to any Territory proceeding.
49P Territory entity may take evidence and submissions from
outside Territory
(1) A Territory entity may, on the application of a party to a proceeding,
direct that evidence be taken or submissions be made, by
audiovisual link or audio link, from a participating State.
(2) The entity must not make the direction unless it is satisfied that:
(a) the necessary facilities are available or can reasonably be
made available; and
Division 3 Use of interstate audiovisual links or audio links in Territory proceedings
Evidence Act 1939 28
(b) the evidence or submission can more conveniently be given
or made from the participating State.
(3) Without limiting the matters to which the entity may have regard,
the entity must have regard to whether the making of the direction
would be unfair to any person.
(4) The entity may exercise in the participating State, in connection
with taking evidence or receiving submissions by audiovisual link or
audio link, any of its powers that the court is permitted under the
law of the participating State to exercise in the participating State.