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EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998 - SECT 5
Application of Act
5 Application of Act
(1) This Act is not intended to exclude or limit the operation of any other
law of the State or a participating State that makes provision for the taking
of evidence or making of submissions-- (a) outside the State or
participating State for the purposes of a proceeding in that State, or
(b) in
the State or participating State for the purposes of a proceeding outside that
State.
(1A) This Act is not intended to exclude or limit the operation of any
other law of the State or another place that makes provision for the taking of
evidence or making of submissions in the State for the purposes of a
proceeding in the State.
(2) Unless a contrary intention is shown, nothing in
this Act limits or otherwise affects any discretion that a NSW court or a
recognised court has with respect to the conduct of a proceeding.
(3) This
Act (other than Part 1A or 1B) extends to any proceeding pending in a
NSW court or a recognised court on the commencement of this section.
(4) Part
1A extends to any proceeding pending in a NSW court or court of a place
outside New South Wales on the commencement of this subsection.
(4A) Part 1A
(as amended by the Evidence (Audio and Audio Visual Links) Amendment Act 2007
) extends to any proceedings pending in a NSW court after the commencement of
subsection (4) and on the commencement of this subsection.
(5) Part 1B (as
originally enacted) extends to any preliminary criminal proceeding or relevant
criminal proceeding pending in a NSW court on the commencement of this
subsection.
(5A) Part 1B (as amended by the Evidence Legislation Amendment
(Accused Child Detainees) Act 2003 ) extends to any preliminary criminal
proceeding or relevant criminal proceeding pending in a NSW court after the
commencement of subsection (5) and at the commencement of this subsection.
(5B) Part 1B (as amended by the Evidence (Audio and Audio Visual Links)
Amendment Act 2003 ) extends to any preliminary criminal proceeding or
relevant criminal proceeding pending in a NSW court after the commencement of
subsection (5) and at the commencement of this subsection.
(5C) Part 1B (as
amended by the Evidence (Audio and Audio Visual Links) Amendment Act 2007 )
extends to any criminal proceedings pending in a NSW court after the
commencement of subsection (5) and at the commencement of this subsection.
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