Video link

(1)

The Federal Magistrates Court or a Federal Magistrate must not exercise the power conferred by subsection 66(1), 67(1) or 68(1) in relation to a video link unless the Federal Magistrates Court or the Federal Magistrate is satisfied that the following conditions are met in relation to the video link:

(a)

the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting is equipped with facilities (for example, television monitors) that enable all eligible persons present in that courtroom or place to see and hear the person (the remote person ) who is:

(i)

giving the testimony; or

(ii)

appearing; or

(iii)

making the submission;

as the case may be, by way of the video link;

(b)

the place at which the remote person is located is equipped with facilities (for example, television monitors) that enable all eligible persons present in that place to see and hear each eligible person who is present in the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting;

(c)

such other conditions (if any) as are prescribed by the Rules of Court in relation to the video link;

(d)

such other conditions (if any) as are imposed by the Federal Magistrates Court or the Federal Magistrate.

(2)

The conditions that may be prescribed by the Rules of Court in accordance with paragraph (1)(c) include conditions relating to:

(a)

the form of the video link; and

(b)

the equipment, or class of equipment, used to establish the link; and

(c)

the layout of cameras; and

(d)

the standard of transmission; and

(e)

the speed of transmission; and

(f)

the quality of communication.

Audio link

(3)

The Federal Magistrates Court or a Federal Magistrate must not exercise the power conferred by subsection 66(1), 67(1) or 68(1) in relation to an audio link unless the Federal Magistrates Court or the Federal Magistrate is satisfied that the following conditions are met in relation to the audio link:

(a)

the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that courtroom or place to hear the person (the remote person ) who is:

(i)

giving the testimony; or

(ii)

appearing; or

(iii)

making the submission;

as the case may be, by way of the audio link;

(b)

the place at which the remote person is located is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that place to hear each eligible person who is present in the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting;

(c)

such other conditions (if any) as are prescribed by the Rules of Court in relation to the audio link;

(d)

such other conditions (if any) as are imposed by the Federal Magistrates Court or the Federal Magistrate.

(4)

The conditions that may be prescribed by the Rules of Court in accordance with paragraph (3)(c) include conditions relating to:

(a)

the form of the audio link; and

(b)

the equipment, or class of equipment, used to establish the audio link; and

(c)

the standard of transmission; and

(d)

the speed of transmission; and

(e)

the quality of communication.

Eligible persons

(5)

For the purposes of the application of this section to a particular proceeding, eligible persons are such persons as the Federal Magistrates Court or a Federal Magistrate considers should be treated as eligible persons for the purposes of that proceeding.