Victorian Numbered Acts Victorian Numbered Acts(1) In the heading to section 42L of the Evidence (Miscellaneous Provisions) Act 1958 , for " 42JA(1) " substitute " 42JA ".
(2) For section 42L(1) of the Evidence (Miscellaneous Provisions) Act 1958 substitute —
"(1) A court may direct that an accused appear, or be brought, physically before it in a proceeding in which, by virtue of a provision of section 42JA or section 42K(1), physical appearance would not otherwise be required, if—
(a) it is satisfied on an application made in accordance with this section, that—
(i) physical appearance is required in the interests of justice; or
(ii) it is not reasonably practicable for the accused to appear before the court by audio visual link; and
(b) it has considered—
(i) the impact of requiring a physical appearance by the accused on the court's case management generally; and
(ii) any risk to public health by requiring a physical appearance by the accused, including any risks involved in transporting the accused between the accused's place of custody and the court.".
(3) In section 42L(1A) of the Evidence (Miscellaneous Provisions) Act 1958 , for "in a proceeding referred to in section 42JA(1) is required in the interests of justice, the Magistrates' Court" substitute "is required in the interests of justice, a court".