New South Wales Consolidated Acts

EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998

- As at 14 July 2023 
- Act 105 of 1998 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Interpretation
   3A.     Appearances and entitlements to be present before courts
   4.      Notes
   5.      Application of Act

   PART 1A - USE OF AUDIO LINKS OR AUDIO VISUAL LINKS WITH PLACES IN NSW, NON-PARTICIPATING STATES AND FOREIGN COUNTRIES IN PROCEEDINGS IN NSW COURTS

   5A.     Application of this Part
   5B.     Taking evidence and submissions from outside courtroom or place where court is sitting--proceedings generally
   5BAA.   Taking evidence of government agency witnesses from outside courtroom or place where court is sitting--proceedings generally

   PART 1B - USE OF AUDIO VISUAL LINKS WITHIN PLACES IN NSW FOR APPEARANCES OF ACCUSED DETAINEES IN PROCEEDINGS IN NSW COURTS

   5BA.    Accused detainee to appear physically in physical appearance proceedings
   5BB.    Accused detainee to appear by audio visual link in criminal proceedings other than physical appearance proceedings
   5BBA.   (Repealed)
   5BC.    Facilities for private communication

   PART 1C - PROVISIONS APPLYING TO PARTS 1A AND 1B GENERALLY

   5C.     Premises to be considered part of court
   5D.     Administration of oaths and affirmations

   PART 2 - USE OF INTERSTATE AUDIO LINKS OR AUDIO VISUAL LINKS WITH A PARTICIPATING STATE IN PROCEEDINGS IN OR BEFORE NSW COURTS

   6.      Application of Part
   7.      NSW courts may take evidence and submissions from outside State
           8-10. (Renumbered)
   11.     Counsel entitled to practise

   PART 3 - USE OF INTERSTATE AUDIO LINKS OR AUDIO VISUAL LINKS WITH NSW IN PROCEEDINGS IN PARTICIPATING STATES

   12.     Application of Part
   13.     Recognised courts may take evidence or receive submissions from persons in New South Wales
   14.     Powers of recognised courts
   15.     Orders made by recognised court
   16.     Enforcement of order
   17.     Privileges, protection and immunity of participants in proceedings in courts of participating States
   18.     Recognised court may administer oath in the State
   19.     Assistance to recognised court
   20.     Contempt of recognised courts

   PART 4 - MISCELLANEOUS

   20A.    Giving evidence or making submissions by audio visual link
   20B.    Giving evidence or making submissions by audio link
   20C.    Expenses
   20D.    Failure of audio link or audio visual link
   20E.    Putting documents to a remote person
   20F.    Directions
   21.     Proceedings for offences
   22.     Regulations and rules of court
   22A.    Savings, transitional and other provisions
           22B, 22C. (Repealed)
   23.     Review of Act
           SCHEDULE 1