New South Wales Consolidated Acts

EVIDENCE ON COMMISSION ACT 1995 - SECT 10

10 Use of evidence taken in an examination

(1) The superior court may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding--

(a) a person's evidence taken in an examination held as a result of an order made under section 9, or

(b) a record of that evidence.

(2) Evidence of a person so tendered is not admissible if--

(a) it appears to the court's satisfaction at the hearing of the proceeding that the person is in the State and is able to attend the hearing, or

(b) the evidence would not have been admissible had it been adduced at the hearing of the proceeding.