NSWIn ForceAct
Evidence (Audio and Audio Visual Links) Act 1998
3Interpretation
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#### 3 Interpretation
3 Interpretation
> > (1) In this Act—
> >
> > accused detainee means a person who is being held in custody in a correctional centre, detention centre, police station or other place of detention and includes, in relation to a proceeding for a summary offence, a defendant who is so being held.
> >
> > audio link means facilities (including telephone) that enable audio communication between persons at different places.
> >
> > audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.
> >
> > designated government agency means the following—
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> > > (a) the Department of Corrective Services,
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> > > (b) the Department of Juvenile Justice,
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> > > (c) any other government agency prescribed by the regulations.
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> > detention centre has the same meaning it has in the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057).
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> > government agency means any person, department or body exercising executive or administrative functions on behalf of the Government.
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> > NSW court means—
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> > > (a) a NSW court within the meaning of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), or
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> > > (b) a coroner, or
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> > > (c) a tribunal prescribed by the regulations as a NSW court for the purposes of this Act, or
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> > > (d) a Children’s Registrar exercising any function of the Children’s Court conferred or imposed on the Registrar by or under the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053).
> >
> > Note.
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> > In the [Evidence Act 1995](/view/html/inforce/current/act-1995-025)NSW court means—
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> > > (a) the Supreme Court, or
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> > > (b) any other court created by Parliament,
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> > (including such a court exercising federal jurisdiction) and includes any person or body (other than a court) that, in exercising a function under the law of the State, is required to apply the laws of evidence.
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> > participating State means another State in which provisions of a law in terms substantially corresponding to Parts 2 and 3 are in force.
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> > physical appearance proceeding means the following—
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> > > (a) a trial, including an arraignment on the day appointed for the trial,
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> > > (b) a hearing of charges,
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> > > (c) an inquiry into a person’s fitness to be tried for an offence.
> >
> > recognised court means a court or tribunal of a participating State that is authorised by the provisions of a law of that State in terms substantially corresponding to Parts 2 and 3 to direct that evidence be taken or submissions made by audio link or audio visual link from New South Wales.
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> > State includes Territory.
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> > tribunal of a State means a person or body authorised by or under a law of the State to take evidence on oath or affirmation.
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> > Note.
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> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.
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> > (2) A reference in this Act (other than Part 1B) to making a submission to a court includes a reference to making an appearance before the court.
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> > (3) (Repealed)
>
> **s 3:** Am 2000 No 16, Sch 1 \[1\]; 2001 No 46, Sch 1 \[1\]–\[3\]; 2003 No 57, Sch 1 \[1\]–\[3\]; 2007 No 75, Sch 1 \[1\]–\[4\]; 2025 No 34, Sch 1\[1\].