26Use of evidence in subsequent proceedings

#### 26 Use of evidence in subsequent proceedings 26 Use of evidence in subsequent proceedings > > (1) This section applies to a proceeding to which a direction included in an order under section 20 (1) or 23 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 20 (1) or 23, 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.