Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 190

Examination by video link or telephone

(1) The * approved examiner may, on the request of a person referred to in paragraph 188(3)(b), (c) or (d), direct that a person be examined by video link if:

(a)
the facilities required by subsection (2) are available or can reasonably be made available; and

(b)
the approved examiner is satisfied that attendance of the person at the place of the * examination would cause unreasonable expense or inconvenience; and

(c)
the approved examiner is satisfied that it is consistent with the interests of justice that the person be examined by video link.

(2) The person can be examined under the direction only if the place where the person is to attend for the purposes of the * examination is equipped with video facilities that enable the people referred to in subsection 188(3) to see and hear the person be examined. (3) An oath or affirmation to be sworn or made by a person who is to be examined under such a direction may be administered either:

(a)
by means of video link, in as nearly as practicable the same way as if the person were to be examined at the place of the * examination; or

(b)
on behalf of the * approved examiner, by a person authorised by the approved examiner, at the place where the person to be examined attends for the purposes of the examination.

(4) The * approved examiner may, on the request of a person referred to in paragraph 188(3)(b), (c) or (d), direct that a person be examined by telephone if:

(a)
the approved examiner is satisfied that attendance of the person at the place of the * examination would cause unreasonable expense or inconvenience; and

(b)
the approved examiner is satisfied that it is consistent with the interests of justice that the person be examined by telephone.



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