Western Australian Current Acts

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EVIDENCE ACT 1906 - SECT 120

120 .         Terms used

        (1)         In this section and sections 121 to 132, unless the contrary intention appears —

        audio link means facilities (including telephone) that enable, at the same time, a court at one place to hear a person giving evidence or making a submission at another place and vice versa;

        Australia includes the Territories of the Commonwealth (whether internal or external) for the government of which as a Territory provision is made by any Commonwealth Act;

        participating jurisdiction means —

            (a)         another State or a Territory in which provisions of an Act in terms substantially corresponding to this section and sections 121 to 132, are in force; or

            (b)         any other jurisdiction outside the State prescribed to be a participating jurisdiction;

        recognized court means a court or tribunal of a participating jurisdiction —

            (a)         that is authorised by the provisions of an Act of that jurisdiction in terms substantially corresponding to this section and sections 121 to 132 to direct that evidence be taken or a submission be made by video link or audio link from this State; or

            (b)         that is prescribed to be a recognized court;

        tribunal of a State or Territory means a person or body authorised by or under a law of the State or Territory to take evidence on oath or affirmation;

        video link means facilities (including closed circuit television) that enable, at the same time, a court at one place to see and hear a person giving evidence or making a submission at another place and vice versa;

        WA court means —

            (a)         the Supreme Court; or

            (b)         a court or tribunal established in this State under a written law.

        (2)         In this section and sections 121 to 132, a reference to a place outside the State shall be taken to refer to a place outside the State whether within or outside Australia.

        [Section 120 inserted: No. 48 of 1998 s. 9.]

Use of video links or audio links by WA courts

        [Heading inserted: No. 48 of 1998 s. 9.]



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