NTIn ForceAct
Evidence Act 1939
49ZPrivileges, protection and immunity of participants in
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49Z Privileges, protection and immunity of participants in
interstate proceedings
(1) A judge or other person presiding at or otherwise taking part in an
interstate proceeding has, in connection with evidence being taken
or submissions being received by audiovisual link or audio link from
a person in the Territory, the same privileges, protection and
immunity as a Supreme Court Judge.
(2) A person appearing as a legal practitioner in an interstate
proceeding has, in connection with evidence being taken or
submissions being received by audiovisual link or audio link from a
person in the Territory, the same protection and immunity as a
barrister has in appearing for a party in a proceeding in the
Supreme Court of the Northern Territory.
(3) A person appearing as a witness in an interstate proceeding by
audiovisual link or audio link from the Territory has the same
protection as a witness in a proceeding in the Supreme Court of the
Northern Territory.
49ZA Interstate entity may administer oath in Territory
(1) An officer of an interstate entity may, for the purpose of obtaining in
the proceeding, by audiovisual link or audio link, the testimony of a
person in the Territory, administer an oath or affirmation in
accordance with the practice and procedure of the interstate entity.
(2) Evidence given by a person on oath or affirmation so administered
is, for the purposes of the law of the Territory, testimony given in a
judicial proceeding.
49ZB Assistance to interstate entity
An officer of a Territory entity may, at the request of an interstate
entity:
(a) attend at the place in the Territory where evidence is to be or
is being taken, or submissions are to be or are being made, in
the proceeding; and
(b) take the action that the interstate entity directs to facilitate the
proceeding; and
(c) assist with the administering by an officer of the interstate
entity of an oath or affirmation.
Evidence Act 1939 32
49ZC Contempt of interstate entity
(1) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in contempt of the interstate entity (as
defined in section 49ZD) and the person is reckless as to the
result.
Maximum penalty: 100 penalty units or imprisonment for
6 months.
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant has a reasonable excuse.
49ZD Conduct constituting contempt of interstate entity
(1) A person's conduct results in contempt of the interstate entity if:
(a) the interstate entity has made an order requiring the person to
do or not do something; and
(b) the order:
(i) was made orally to the person during proceedings; or
(ii) has been served on the person; and
(c) the person does not comply with the order.
(2) Also, a person's conduct results in contempt of the interstate entity
if the person, while evidence is being given or a submission is
being made in the Territory, by audiovisual link or audio link, in an
interstate proceeding:
(a) insults, threatens, intimidates or obstructs the following in
relation to the person's performance of functions or exercise
of powers under this Act:
(i) a judge or other person presiding at or otherwise taking
part in the proceeding;
(ii) an Associate Judge or a Master, Registrar, Deputy
Registrar or other officer of the interstate entity who is
taking part in or assisting in the proceeding;
(iii) a person appearing in the proceeding as a legal
practitioner;
(iv) a witness in the proceeding;