(1)  In any action or other proceeding in a court, other than a criminal proceeding, the court or judge, on application of any party to the proceeding, may by rule or order direct –

(a) that any witness within the jurisdiction of the court be examined on oath or on affirmation, either viva voce or upon interrogatories or otherwise, before an officer of the court or other person to be named in the rule or order; or

(b) that a commission do issue for the examination of witnesses on oath or on affirmation, either viva voce or upon interrogatories or otherwise, at any place within or outside the jurisdiction of the court.

(2)  The court or judge, by the same or any subsequent rule or order, may give any directions relating to the time, place and manner of the examination within or outside the jurisdiction, and any other matters and circumstances connected with the examination as appears reasonable and just.

Note: This section does not appear in the Evidence Act 1995 of the Commonwealth.