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Evidence (Miscellaneous Provisions) Act 1991
29Assistance to recognised court
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29 Assistance to recognised court
An officer of a territory court may, at the request of a recognised
court—
(a) attend at the place in the ACT where evidence is to be or is being
taken, or a submission is to be or is being made, in the
proceeding; and
(b) take the action that the recognised court directs to facilitate the
proceeding; and
(c) assist with the administering by the recognised court of an oath.
Use of audiovisual links or audio links with other places in ACT
Part 3.4
Part 3.4 Use of audiovisual links or audio
links with other places in ACT
31 Application—pt 3.4
32 Territory courts may take evidence and submissions from
another place
(1) Subject to any Act or rules of court, a territory court may, on the
application of a party to a proceeding before it or on its own initiative,
direct that a person, whether or not a party to the proceeding, appear
before, or give evidence or make a submission to, the court by
audiovisual link or audio link from—
(a) a place in the ACT that is outside the courtroom or other place
where the court is sitting; or
(b) a place outside the ACT but within Australia; or
Note If the place is a participating jurisdiction, a territory court may
make a direction (on application or on its own initiative) under
pt 3.2 (Use of audiovisual links or audio links with participating
States in ACT proceedings).
(c) a place outside Australia (other than New Zealand).
Note The Trans-Tasman Proceedings Act 2010 (Cwlth), pt 6, div 2
(Remote appearances from New Zealand in Australian
proceedings) and the Court Procedures Rules 2006,
div 6.10A.4 (Trans-Tasman proceedings—remote appearances)
apply to remote appearances from New Zealand in an ACT
Part 3.4 Use of audiovisual links or audio links with other places in ACT
(2) The court may make the direction only if satisfied that—
(a) the necessary facilities are available or can reasonably be made
(b) it is in the interests of the administration of justice to make the
direction.
(3) In considering whether it is in the interests of the administration of
justice to make the direction, the court may consider—
(a) whether the evidence or submission can more conveniently be
given or made from the place; and
(b) whether the making of the direction is unfair to any party
opposing the making of the direction; and
(c) whether the making of the direction could support court
efficiency by reducing costs or delay to the proceeding; and
(d) anything else that the court considers appropriate.
(4) The court may at any time amend or revoke a direction made under
this part, either on the application of a party to the proceeding or its
own initiative.
Part 3.5
Part 3.5 Protection of certain
communications and documents
in criminal proceedings