Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15yv
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15YV
Character Range: 791470–793074

15YV  When court may take evidence by video link

Application by prosecutor
 (1) In a proceeding, the court must:
 (a) direct; or
 (b) by order, allow;
a witness to give evidence by video link if:
 (c) both:
 (i) the prosecutor applies for the direction or order; and
 (ii) the court is satisfied that the prosecutor gave the court reasonable notice of his or her intention to make the application; and
 (d) the witness is not a defendant in the proceeding; and
 (e) the witness is available, or will reasonably be available, to give evidence by video link; and
 (f) the facilities required by section 15YY are available or can reasonably be made available;
unless the court is satisfied that giving the direction or making the order would have a substantial adverse effect on the right of a defendant in the proceeding to receive a fair hearing.

Application by defendant
 (2) In a proceeding, the court must:
 (a) direct; or
 (b) by order, allow;
a witness to give evidence by video link if:
 (c) both:
 (i) a defendant in the proceeding applies for the direction or order; and
 (ii) the court is satisfied that the defendant gave the court reasonable notice of his or her intention to make the application; and
 (d) the witness is not a defendant in the proceeding; and
 (e) the witness is available, or will reasonably be available, to give evidence by video link; and
 (f) the facilities required by section 15YY are available or can reasonably be made available;
unless the court is satisfied that it would be inconsistent with the interests of justice for the evidence to be given by video link.