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Evidence (Miscellaneous Provisions) Act 1991
35BAdministration of oaths and affirmations by audiovisual
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35B Administration of oaths and affirmations by audiovisual
or audio link
(1) An oath to be sworn, or an affirmation to be made, by a person (the
remote person) who is to give evidence by audiovisual link or audio
link may be administered—
(a) by audiovisual link or audio link, in a way that, as nearly as
practicable, corresponds to the way in which the oath or
affirmation would be administered if the remote person were to
give evidence in the courtroom or other place where a territory
court is sitting; or
(b) if the territory court allows another person who is present at the
place where the remote person is located to administer the oath
or affirmation—by the other person.
(2) However, a person giving evidence by audiovisual link or audio link
from a place outside Australia is not required to give the evidence on
oath or affirmation if—
(a) the law in force in that place—
(i) does not permit the person to give evidence on oath or
affirmation for the purposes of the proceeding; or
(ii) would make it inconvenient for the person to give evidence
on oath or affirmation for the purposes of the proceeding;
and
(b) the territory court is satisfied that it is appropriate for the
evidence to be given otherwise than on oath or affirmation.
(3) Subsection (2) applies despite anything to the contrary in the
Evidence Act 2011 or any other territory law.