CTHRepealedAct
Federal Circuit Court of Australia Act 1999
66Testimony by video link or audio link
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#### 66 Testimony by video link or audio link
(1) The Federal Circuit Court of Australia or a Judge may, for the purposes of any proceeding, direct or allow testimony to be given by video link or audio link.
> Note: See also section 69.
(2) The testimony must be given on oath or affirmation unless:
(a) the person giving the testimony is in a foreign country; and
(b) either:
(i) the law in force in that country does not permit the person to give testimony on oath or affirmation for the purposes of the proceeding; or
(ii) the law in force in that country would make it inconvenient for the person to give testimony on oath or affirmation for the purposes of the proceeding; and
(c) the Federal Circuit Court of Australia or a Judge is satisfied that it is appropriate for the testimony to be given otherwise than on oath or affirmation.
(3) If the testimony is given otherwise than on oath or affirmation, the Federal Circuit Court of Australia or the Judge is to give the testimony such weight as the Federal Circuit Court of Australia or the Judge thinks fit in the circumstances.
(4) The power conferred on the Federal Circuit Court of Australia or a Judge by subsection (1) may be exercised:
(a) on the application of a party to the proceedings concerned; or
(b) on the Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative, as the case may be.
(5) This section applies whether the person giving testimony is in or outside Australia, but does not apply if the person giving testimony is in New Zealand.
> Note: See Part 6 of the Trans‑Tasman Proceedings Act 2010.