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FOREIGN EVIDENCE ACT 1994 No. 59 of 1994 - SECT 9
Use of evidence taken in an examination
9.(1) Subject to subsection (2), the court may, on such terms (if any) as it
thinks fit, permit a party to the proceeding to tender as evidence in the
proceeding:
(a) a person's evidence taken in an examination held as a result of an
order under subsection 7(1); or
(b) a record of that evidence.
(2) Evidence of a person so tendered is not admissible if:
(a) it appears to the court's satisfaction at the hearing of the
proceeding that the person is in Australia and is able to attend the
hearing; or
(b) the evidence would not have been admissible had it been adduced at the
hearing.
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