Document ID: chunk:federal_register_of_legislation:C2024C00826:section:304
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 304
Character Range: 678765–679819

304  Statements made at an examination: other proceedings
  If direct evidence by a person (the absent witness) of a matter would be admissible in proceedings, a statement that the absent witness made at an examination of the absent witness and that tends to establish that matter is admissible in the proceedings as evidence of that matter:
 (a) if it appears to the court or tribunal that:
 (i) the absent witness is dead or is unfit, because of physical or mental incapacity, to attend as a witness; or
 (ii) the absent witness is outside the State or Territory in which the proceedings is being heard and it is not reasonably practicable to secure his or her attendance; or
 (iii) all reasonable steps have been taken to find the absent witness but he or she cannot be found; or
 (b) if it does not so appear to the court or tribunal—unless another party to the proceedings requires the party tendering evidence of the statement to call the absent witness as a witness in the proceedings and the tendering party does not so call the absent witness.