5Application of Act

#### 5 Application of Act 5 Application of Act > > (1) This Act is not intended to exclude or limit the operation of any other law of the State or a participating State that makes provision for the taking of evidence or making of submissions— > > > > > (a) outside the State or participating State for the purposes of a proceeding in that State, or > > > > > (b) in the State or participating State for the purposes of a proceeding outside that State. > > > (1A) This Act is not intended to exclude or limit the operation of any other law of the State or another place that makes provision for the taking of evidence or making of submissions in the State for the purposes of a proceeding in the State. > > > (2) Unless a contrary intention is shown, nothing in this Act limits or otherwise affects any discretion that a NSW court or a recognised court has with respect to the conduct of a proceeding. > > > (3) This Act (other than Part 1A or 1B) extends to any proceeding pending in a NSW court or a recognised court on the commencement of this section. > > > (4) Part 1A extends to any proceeding pending in a NSW court or court of a place outside New South Wales on the commencement of this subsection. > > > (4A) Part 1A (as amended by the [Evidence (Audio and Audio Visual Links) Amendment Act 2007](/view/html/repealed/current/act-2007-075)) extends to any proceedings pending in a NSW court after the commencement of subsection (4) and on the commencement of this subsection. > > > (5) Part 1B (as originally enacted) extends to any preliminary criminal proceeding or relevant criminal proceeding pending in a NSW court on the commencement of this subsection. > > > (5A) Part 1B (as amended by the [Evidence Legislation Amendment (Accused Child Detainees) Act 2003](/view/html/repealed/current/act-2003-057)) extends to any preliminary criminal proceeding or relevant criminal proceeding pending in a NSW court after the commencement of subsection (5) and at the commencement of this subsection. > > > (5B) Part 1B (as amended by the [Evidence (Audio and Audio Visual Links) Amendment Act 2003](/view/html/repealed/current/act-2003-076)) extends to any preliminary criminal proceeding or relevant criminal proceeding pending in a NSW court after the commencement of subsection (5) and at the commencement of this subsection. > > > (5C) Part 1B (as amended by the [Evidence (Audio and Audio Visual Links) Amendment Act 2007](/view/html/repealed/current/act-2007-075)) extends to any criminal proceedings pending in a NSW court after the commencement of subsection (5) and at the commencement of this subsection. > > > (6) (Repealed) > > **s 5:** Am 2000 No 16, Sch 1 \[2\]–\[4\]; 2001 No 46, Sch 1 \[5\]–\[7\]; 2003 No 57, Sch 1 \[5\] (am 2003 No 76, Sch 2 \[2\]) \[6\]; 2003 No 76, Sch 1 \[2\] \[3\]; 2007 No 6, Sch 2.3; 2007 No 75, Sch 1 \[6\]–\[8\]; 2007 No 94, Sch 1.41; 2012 No 42, Sch 1.7.