Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:1_148c:p1
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 1 cl 148C (pt 1/2)
Character Range: 22500–25197

148C  Conditions for use of video links and audio links

Video link

 (1) The Australian Military Court must not exercise the power conferred by subsection 148A(1) or 148B(1) in relation to a video link unless the Court is satisfied that the following conditions are met in relation to the video link:
 (a) the courtroom or other place where the Court is sitting is equipped with facilities (for example, television monitors) that enable all eligible persons present in that courtroom or place to see and hear the person (the remote person) who is:
 (i) giving the testimony; or
 (ii) appearing; or
 (iii) making the submission;
  by way of the video link;
 (b) the place at which the remote person is located is equipped with facilities (for example, television monitors) that enable all eligible persons present in that place to see and hear each eligible person who is present in the courtroom or other place where the Court is sitting;
 (c) such other conditions (if any) as are prescribed by the Australian Military Court Rules in relation to the video link;
 (d) such other conditions (if any) as are imposed by the Court.

 (2) The conditions that may be prescribed by the Australian Military Court Rules in accordance with paragraph (1)(c) include conditions relating to:
 (a) the form of the video link; and
 (b) the equipment, or class of equipment, used to establish the link; and
 (c) the layout of cameras; and
 (d) the standard of transmission; and
 (e) the speed of transmission; and
 (f) the quality of communication.

Audio link

 (3) The Court must not exercise the power conferred by subsection 148A(1) or 148B(1) in relation to an audio link unless the Court is satisfied that the following conditions are met in relation to the audio link:
 (a) the courtroom or other place where the Court is sitting is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that courtroom or place to hear the person (the remote person) who is:
 (i) giving the testimony; or
 (ii) appearing; or
 (iii) making the submission;
  by way of the audio link;
 (b) the place at which the remote person is located is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that place to hear each eligible person who is present in the courtroom or other place where the Court is sitting;
 (c) such other conditions (if any) as are prescribed by the Australian Military Court Rules in relation to the audio link;
 (d) such other conditions (if any) as are imposed by the Court.

 (4) The conditions that may be prescribed by the Australian Military Court Rules in accordance with paragraph (3)(c) include conditions