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EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998 - SECT 3
Interpretation
3 Interpretation
(1) In this Act--
"accused detainee" means a person who is being held in custody in a
correctional centre, detention centre, police station or other place of
detention and includes, in relation to a proceeding for a summary offence, a
defendant who is so being held.
"audio link" means facilities (including telephone) that enable audio
communication between persons at different places.
"audio visual link" means facilities (including closed-circuit television)
that enable audio and visual communication between persons at different
places.
"designated government agency" means the following-- (a) the Department of
Corrective Services,
(b) the Department of Juvenile Justice,
(c) any other
government agency prescribed by the regulations.
"detention centre" has the same meaning it has in the
Children (Detention Centres) Act 1987 .
"government agency" means any person, department or body exercising executive
or administrative functions on behalf of the Government.
"NSW court" means-- (a) a NSW court within the meaning of the Evidence Act
1995 , or
(b) a coroner, or
(c) a tribunal prescribed by the regulations as
a NSW court for the purposes of this Act, or
(d) a Children's Registrar
exercising any function of the Children's Court conferred or imposed on the
Registrar by or under the Children's Court Act 1987 .
Note : In the
Evidence Act 1995
"NSW court" means-- (a) the Supreme Court, or
(b) any other court created by
Parliament,
(including such a court exercising federal jurisdiction) and
includes any person or body (other than a court) that, in exercising a
function under the law of the State, is required to apply the laws of
evidence.
"participating State" means another State in which provisions of a law in
terms substantially corresponding to Parts 2 and 3 are in force.
"physical appearance proceedings" means the following-- (a) any trial
(including an arraignment on the day appointed for the trial) or hearing of
charges,
(b) any inquiry into a person's fitness to be tried for an offence,
(c) any proceeding relating to bail-- (i) brought before a Magistrate or
justice in respect of the period between the person being charged with the
offence and the person's first appearance before a court in relation to the
offence, or
(ii) on a person's first appearance before a court in relation to
the offence.
"recognised court" means a court or tribunal of a participating State that is
authorised by the provisions of a law of that State in terms substantially
corresponding to Parts 2 and 3 to direct that evidence be taken or submissions
made by audio link or audio visual link from New South Wales.
"State" includes Territory.
"tribunal" of a State means a person or body authorised by or under a law of
the State to take evidence on oath or affirmation. Note : The Interpretation
Act 1987 contains definitions and other provisions that affect the
interpretation and application of this Act.
(2) A reference in this Act
(other than Part 1B) to making a submission to a court includes a reference to
making an appearance before the court.
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