304Statements made at an examination: other proceedings

304  Statements made at an examination: other proceedings   If direct evidence by a person (the absent witness) of a matter would be admissible in proceedings, a statement that the absent witness made at an examination of the absent witness and that tends to establish that matter is admissible in the proceedings as evidence of that matter:  (a) if it appears to the court or tribunal that:  (i) the absent witness is dead or is unfit, because of physical or mental incapacity, to attend as a witness; or  (ii) the absent witness is outside the State or Territory in which the proceedings is being heard and it is not reasonably practicable to secure his or her attendance; or  (iii) all reasonable steps have been taken to find the absent witness but he or she cannot be found; or  (b) if it does not so appear to the court or tribunal—unless another party to the proceedings requires the party tendering evidence of the statement to call the absent witness as a witness in the proceedings and the tendering party does not so call the absent witness.