24Admissibility in other proceedings of statements at an examination

##### 24 Admissibility in other proceedings of statements at an examination Where, in any criminal or civil proceedings, direct evidence by a person of a matter would be admissible, a statement made by the person at an examination under this Division that tends to establish that matter is admissible in those proceedings as evidence of that matter: (a) if it appears to the court in which the proceedings are instituted: (i) that the person examined is dead or is unfit, by reason of any physical or mental incapacity, to attend as a witness; (ii) that the person is outside the Territory and it is not reasonably practicable to secure his attendance; or (iii) that all reasonable steps have been taken to find the person and he cannot be found; or (b) in a case to which paragraph (a) does not apply—unless a party to the proceedings, other than the party tendering evidence of the statement, requires the tendering party to call a person as a witness in the proceedings and the tendering party does not call the person as a witness in the proceedings.