12Use of evidence in subsequent proceedings

12 Use of evidence in subsequent proceedings

12 Use of evidence in subsequent proceedings

(1) This section applies to a proceeding to which a direction included in an order under section 6 or 9 relates.

(2) The court before which the proceeding takes place may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding—

(a) a person’s evidence taken in an examination held as a result of the order under section 6 or 9, or

(b) a record of that evidence.

(3) A person’s evidence so tendered is not admissible if—

(a) it appears to the court’s satisfaction at the hearing of the subsequent proceeding that the person is in Australia and is able to attend the hearing, or

(b) the evidence would not have been admissible had it been adduced at the hearing of the subsequent proceeding.