Document ID: chunk:federal_register_of_legislation:C2021C00487:section:50
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 50
Character Range: 62407–64183

50  Remote appearances related to remote evidence
 (1) The Australian court or tribunal may, on application by a party, give leave for:
 (a) the giving of evidence; or
 (b) the examination of a person giving evidence under paragraph (a); or
 (c) the making of submissions relating to the giving of evidence under paragraph (a);
from New Zealand in one or more hearings related to the proceeding by:
 (d) the remote appearance medium specified by the court or tribunal; or
 (e) if the court or tribunal does not specify a remote appearance medium—either remote appearance medium.
Note 1: For remote appearances other than those related to giving evidence remotely from New Zealand, see section 48.
Note 2: In some cases, a defendant and a defendant's lawyer may appear remotely without the leave of the court or tribunal: see subsections 18(4) and 36(6) (which deal with applications to stay proceedings or set aside subpoenas).
 (2) The Australian court or tribunal must not give leave unless it is satisfied that:
 (a) the evidence, examination or submission can more conveniently be given or made from New Zealand; and
 (b) if the court or tribunal intends to specify a remote appearance medium—that remote appearance medium is, or can reasonably be made, available; and
 (c) if the court or tribunal does not intend to specify a remote appearance medium—both remote appearance mediums are, or can reasonably be made, available; and
 (d) it is appropriate to give the leave.
 (3) If the Australian court or tribunal gives leave, then a qualified NZ lawyer who is not otherwise entitled to appear before the court or tribunal is entitled to practise as a barrister, a solicitor, or both, in relation to that leave.

Subdivision C—General provisions about remote appearances