Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_4:p13
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 13/14)
Character Range: 32968–35512

(b) as follows:
 (i) on behalf of the court and as directed by it;
 (ii) by a person (whether an Australian official or not) authorised by the court;
 (iii) at the place where the witness is to give the evidence.

272.25  Expenses
  A court may make such orders as are just for payment of expenses incurred in connection with giving evidence under a direction by the court under this Subdivision.

272.26  Other laws about foreign evidence not affected
  This Subdivision does not prevent any other law about taking evidence of a witness outside Australia from applying for the purposes of a proceeding for an offence against this Division.

Subdivision E—Other rules about conduct of trials

272.27  Evidence relating to a person's age
 (1) For the purposes of this Division, evidence that a person was represented to the defendant as being under or of a particular age is, in the absence of evidence to the contrary, proof that the defendant believed that person to be under or of that age.
 (2) In determining for the purposes of this Division how old a person is or was at a particular time, a jury or court may treat any of the following as admissible evidence:
 (a) the person's appearance;
 (b) medical or other scientific opinion;
 (c) a document that is or appears to be an official or medical record from a country outside Australia;
 (d) a document that is or appears to be a copy of such a record.
 (3) Subsection (2) does not make any other kind of evidence inadmissible, and does not affect a prosecutor's duty to do all he or she can to adduce the best possible evidence for determining the question.
 (4) If, on a trial for an offence against this Division, evidence may be treated as admissible because of subsection (2), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.

272.28  Alternative verdicts
  If, on a trial for an offence (the column 1 offence) against a provision referred to in column 1 of an item in the following table, the trier of fact:
 (a) is not satisfied that the defendant is guilty of the column 1 offence; but
 (b) is satisfied beyond reasonable doubt that he or she is guilty of an offence (the column 2 offence) against a provision referred to in column 2 of that item;
it may find the defendant not guilty of the column 1 offence but guilty of the column 2 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Alternative verdicts
Item                  Column 1              Column 2