Document ID: chunk:federal_register_of_legislation:C2023C00229:section:13:p2
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 13 (pt 2/3)
Character Range: 45906–48625

make a ruling about the admissibility of evidence in a foreign proceeding.
 (2B) If a Magistrate or eligible Judge is taking evidence for live transmission by means of video link to a courtroom or other place in the requesting country, the Magistrate or Judge:
 (a) may only exercise the powers mentioned in subparagraphs (2)(a)(ii), (iii) and (iv) at the request of the foreign court; and
 (b) may, at the request of the foreign court, assist with the administering by the foreign court of an oath or affirmation; and
 (c) may administer an oath or affirmation.
 (2C) If a Magistrate or eligible Judge takes evidence as mentioned in subparagraph (2)(a)(i) but not for live transmission by means of video link to a courtroom, or other place, in the requesting country, the Magistrate or Judge must:
 (a) if the requesting country requests that a tape recording be made of the evidence taken—cause a tape recording to be made of the evidence, certify that the evidence on the tape recording was taken by the Magistrate or Judge and cause the tape recording, or a copy of it, to be sent to the Attorney‑General; and
 (b) in any other case—cause the evidence to be put in writing, certify that the evidence was taken by the Magistrate or Judge and cause the writing so certified to be sent to the Attorney‑General.
 (2D) If, in taking evidence as mentioned in paragraph (2)(a), a Magistrate or eligible Judge requires the production of documents or other articles under subparagraph (2)(a)(v), a Magistrate or eligible Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney‑General.
 (3) The evidence of such a witness may be taken in the presence or absence of the person to whom the proceeding in the requesting country relates or of his or her legal representative (if any).
 (4) The Magistrate or eligible Judge conducting a proceeding under subsection (2) may permit:
 (a) the person to whom the proceeding in the requesting country relates;
 (b) any other person giving evidence or producing documents or other articles at the proceeding before the Magistrate or Judge; and
 (c) the relevant authority of the requesting country;
to have legal representation at the proceeding before the Magistrate or Judge.
 (4A) If the requesting country has so requested, the Magistrate or eligible Judge conducting a proceeding under subsection (2) may permit:
 (a) any person to whom the proceeding in the requesting country relates or that person's legal representative; or
 (b) the legal representative of the relevant authority of the requesting country;
to examine or cross‑examine in person, or through a video link from the