6Tasmanian courts may take evidence and submissions by audio link or audio visual link

6 Tasmanian courts may take evidence and submissions by audio link or audio visual link

(1)  [Section 6 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] [Section 6 Subsection (1) amended by No. 13 of 2012, s. 28, Applied:30 May 2012] [Section 6 Subsection (1) amended by No. 58 of 2001, s. 6, Applied:19 Sep 2001] [Section 6 Subsection (1) amended by No. 58 of 2001, s. 6, Applied:19 Sep 2001] A Tasmanian court may, on the application of a party to a proceeding before the court or on its own motion, direct the use, for any purpose, of audio link or audio visual link, from a participating State, from any place outside Australia other than New Zealand, or from any place within Tasmania other than the courtroom or other place at which the court is sitting.

(2)  The court must not make such a direction if –

(a) the necessary facilities are unavailable or cannot reasonably be made available; or

(b) [Section 6 Subsection (2) amended by No. 58 of 2001, s. 6, Applied:19 Sep 2001] the court is satisfied that evidence or submissions can more conveniently be given or made in this State or in the courtroom or other place at which the court is sitting; or

(c) the court is satisfied by a party opposing the making of the direction that the direction would be unfair to the party.

(3)  [Section 6 Subsection (3) amended by No. 13 of 2012, s. 28, Applied:30 May 2012] Where evidence is given from a participating State, the court may exercise in the participating State, in connection with taking evidence or receiving submissions by audio link or audio visual link, any of its powers that the court is permitted, under the law of the participating State, to exercise in the participating State.