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FEDERAL MAGISTRATES ACT 1999 - SECT 66
Testimony by video link or audio link
- (1)
- The Federal Magistrates Court or a Federal Magistrate may, for the
purposes of any proceeding, direct or allow testimony to be given by
video link or audio link.
- Note: See also section 69.
- (2)
- The testimony must be given on oath or affirmation unless:
- (a)
- the person giving the testimony is in a foreign country; and
- (b)
- either:
- (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 Federal Magistrates Court or a Federal Magistrate is satisfied that it
is appropriate for the testimony to be given otherwise than on oath or
affirmation.
- (3)
- If the testimony is given otherwise than on oath or affirmation, the
Federal Magistrates Court or the Federal Magistrate is to give the testimony
such weight as the Federal Magistrates Court or the Federal Magistrate thinks
fit in the circumstances.
- (4)
- The power conferred on the Federal Magistrates Court or a Federal
Magistrate by subsection (1) may be exercised:
- (a)
- on the application of a party to the proceedings concerned; or
- (b)
- on the Federal Magistrates Court's own initiative or on the Federal
Magistrate's own initiative, as the case may be.
- (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 the Evidence and Procedure (New Zealand) Act 1994 .
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