Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the trial happens as the result of a court committing the accused for trial before the Court, then this section applies to:
(a) evidence given by witnesses; and
(b) documents tendered in evidence;
( committal evidence ) during those committal proceedings (whether or not the committal evidence was given, or tendered, in relation to an offence being determined at the trial).
(2) The Court may allow a party to admit committal evidence, in whole or in part, as evidence at the trial if the Court is satisfied:
(a) that the individual who gave the evidence, or tendered the document, in the committal proceedings:
(i) is dead, or is so ill as not to be able to travel or to give evidence without a risk of endangering the individual's life; or
(ii) is absent from Australia; or
(b) that there are other valid reasons for doing so.