ACTIn ForceAct
Magistrates Court Act 1930
311Appearance by audiovisual or audio links etc
Start here
Get a plain-English read of 311
Turn the raw legal text into a practical explanation grounded in Magistrates Court Act 1930.
311 Appearance by audiovisual or audio links etc
(1) This section applies if, in relation to a proceeding or a part of a
proceeding (the relevant proceeding), the court has—
(a) given a direction under the Evidence (Miscellaneous Provisions)
Act 1991, section 20 (1) (Territory courts may take evidence and
submissions from participating States) or section 32 (1)
(Territory courts may take evidence and submissions from
another place); or
(b) made an order under the Court Procedures Rules 2006,
rule 6703 (Evidence by telephone etc) about receiving evidence
or submissions by telephone, video link or another form of
communication in the proceeding.
(2) If this section applies, a person who, in a relevant proceeding—
(a) is required or entitled to appear personally, whether as a party or
as a witness; or
(b) is entitled to appear for another person;
may appear in the relevant proceeding and participate or give
evidence in accordance with the direction or order.
(3) A person who appears in a relevant proceeding in accordance with
this section is taken to be before the court.
(4) In this Act:
appearance, in relation to a proceeding and whether by a party or
anyone else, includes appearance in accordance with this section if
this section applies.
proceeding does not include a proceeding about bail.