12Use of evidence taken in an examination

#### 12 Use of evidence taken in an examination (1) Subject to subsection (2), if an order has been made under section 9A, 10 or 11 for the purposes of a proceeding before the Federal Circuit and Family Court of Australia (Division 2) or an inferior court, the court 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; or (b) a record of that evidence. (2) Evidence of a person so tendered is not admissible if: (a) it appears to the satisfaction of the Federal Circuit and Family Court of Australia (Division 2) or the inferior court, as the case may be, at the hearing of the 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.