Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:1_148a
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 1 cl 148A
Character Range: 20432–21790

148A  Testimony by video link or audio link

 (1) The Australian Military Court may, for the purposes of proceedings before it, direct or allow testimony to be given by video link or audio link.

 (2) The testimony must be given on oath or affirmation unless:
 (a) the person giving the testimony is in a foreign country; and
 (b) either:
 (i) the law in force in that country does not permit the person to give testimony on oath or affirmation for the purposes of the proceedings; or
 (ii) the law in force in that country would make it inconvenient for the person to give testimony on oath or affirmation for the purposes of the proceedings; and
 (c) the Court is satisfied that it is appropriate for the testimony to be given otherwise than on oath or affirmation.

 (3) If the testimony is given otherwise than on oath or affirmation, the Court is to give the testimony such weight as the Court thinks fit in the circumstances.

 (4) The power conferred on the Court by subsection (1) may be exercised:
 (a) on the application of the accused person or the Director of Military Prosecutions; or
 (b) on the Court's own initiative.

 (5) This section applies whether the person giving testimony is in or outside Australia, but does not apply if the person giving testimony is in New Zealand.

Note: See the Evidence and Procedure (New Zealand) Act 1994.