Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_23fc
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 23FC
Character Range: 71691–72598

23FC  Admissibility of evidence given in committal proceedings
 (1) If the trial happens as the result of a court committing the accused for trial before the Court, then this section applies to:
 (a) evidence given by witnesses; and
 (b) documents tendered in evidence;
(committal evidence) during those committal proceedings (whether or not the committal evidence was given, or tendered, in relation to an offence being determined at the trial).
 (2) The Court may allow a party to admit committal evidence, in whole or in part, as evidence at the trial if the Court is satisfied:
 (a) that the individual who gave the evidence, or tendered the document, in the committal proceedings:
 (i) is dead, or is so ill as not to be able to travel or to give evidence without a risk of endangering the individual's life; or
 (ii) is absent from Australia; or
 (b) that there are other valid reasons for doing so.