Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Court or a Judge may, for the purposes of any proceeding, direct or allow testimony to be given by video link, audio link or other appropriate means.
Note: See also section 47C.
(2) The testimony must be given on oath or affirmation unless:
(a) the person giving the testimony is in a foreign country; and
(i) the law in force in that country does not permit the person to give testimony on oath or affirmation for the purposes of the proceeding; or
(ii) the law in force in that country would make it inconvenient for the person to give testimony on oath or affirmation for the purposes of the proceeding; and
(c) the Court or the Judge is satisfied that it is appropriate for the testimony to be given otherwise than on oath or affirmation.
(3) If the testimony is given:
(a) otherwise than on oath or affirmation; and
(b) in proceedings where there is not a jury;
the Court or the Judge is to give the testimony such weight as the Court or the Judge thinks fit in the circumstances.
Note: In proceedings where there is a jury, the Judge may warn the jury about the testimony (see section 165 of the Evidence Act 1995 ).
(4) The power conferred on the Court or a Judge by subsection (1) may be exercised:
(a) on the application of a party to the proceedings; or
(b) on the Court's or Judge's own initiative.
(5) This section applies whether the person giving testimony is in or outside Australia, but does not apply if the person giving testimony is in New Zealand.
Note: See Part 6 of the Trans - Tasman Proceedings Act 2010 .