Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p15
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 15/27)
Character Range: 35996–38696

31. Section 219g of the Principal Act is amended by omitting subparagraph (b) (i) and substituting the following subparagraph:

    "(i) in, or in connection with, a relevant proceeding; or".

PART 11—AMENDMENTS OF THE EVIDENCE ACT 1905

Principal Act

32. In this Part, "Principal Act" means the Evidence Act 190510.

33. After section 7w of the Principal Act the following sections are inserted:

Other proceedings

"7wa. (1) Where, under subsection 7w (1), a superior court makes an order in relation to a committal proceeding, it may include in the order an order that evidence taken outside Australia under the first-mentioned order may, subject to this section, be tendered in a proceeding (in this section called a 'subsequent proceeding') that is:

    (a) a criminal proceeding that results from the committal proceeding; or

    (b) a related civil proceeding.

"(2) Where, under subsection 7v (1) or 7w (1), a superior court makes an order in relation to a criminal proceeding (other than a committal proceeding), it may include in the order an order that evidence taken outside Australia under the first-mentioned order may, subject to this section, be tendered in a proceeding (in this section called a 'subsequent proceeding') that is a related civil proceeding.

"(3) Subject to subsection (4), where a superior court that made an order under subsection 7v (1) or 7w (1) in relation to a committal proceeding, or a criminal proceeding other than a committal proceeding, included in the order an order under this section, the court before which a subsequent proceeding takes place may, on such terms (if any) as it thinks fit, permit a party to the subsequent proceeding to tender as evidence in the subsequent proceeding the evidence of a person taken in an examination held as a result of the order made under subsection 7v (1) or 7w (1) or a record of that evidence.

"(4) Evidence of a person so tendered is not admissible if:

    (a) it appears to the court's satisfaction at the hearing of the subsequent proceeding that the person is in Australia and is able to attend the hearing; or

    (b) the evidence would not have been admissible had it been given or produced at the hearing of the subsequent proceeding.

"(5) Where it is in the interests of justice to do so, the court before which the subsequent proceeding takes place may, in its discretion, exclude from the subsequent proceeding evidence taken in an examination held as a result of an order made under subsection 7v (1) or 7w (1), even if it is otherwise admissible.

"(6) The powers vested in a court under subsection (1) or (2) may be exercised in chambers.

"(7) In this section, unless the contrary intention