9Use of evidence taken in an examination

9 Use of evidence taken in an examination

(1) Subject to subsection (2), 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 an order under subsection 7(1); or (b) a record of that evidence. (2) Evidence of a person so tendered is not admissible if: (a) it appears to the court’s satisfaction 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.