Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_10:p5
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 5/6)
Character Range: 46391–49181

or Schedule 7 to that Act; or
 (b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:
 (i) a recognised alternative access‑prevention arrangement (within the meaning of clause 40 of Schedule 5 to the Broadcasting Services Act 1992); or
 (ii) a designated alternative access‑prevention arrangement (within the meaning of clause 60 of that Schedule).
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

Subdivision D—Video link evidence

273.10  When court may take evidence by video link
  In a proceeding for an offence against this Division, the court may, on application by a party to the proceeding, direct that a witness give evidence by video link if:
 (a) the witness will give the evidence from outside Australia; and
 (b) the witness is not a defendant in the proceeding; and
 (c) the facilities required by section 273.11 are available or can reasonably be made available; and
 (d) the court is satisfied that attendance of the witness at the court to give the evidence would:
 (i) cause unreasonable expense or inconvenience; or
 (ii) cause the witness psychological harm or unreasonable distress; or
 (iii) cause the witness to become so intimidated or distressed that his or her reliability as a witness would be significantly reduced; and
 (e) the court is satisfied that it is consistent with the interests of justice that the evidence be taken by video link.

273.11  Technical requirements for video link
 (1) A witness can give evidence under a direction only if:
 (a) the courtroom or other place in Australia where the court is sitting (the Australian location); and
 (b) the place where the evidence is given (the overseas location);
are equipped with video facilities that:
 (c) enable appropriate persons at the Australian location to see and hear the witness give the evidence; and
 (d) enable appropriate persons at the overseas location to see and hear appropriate persons at the Australian location.
 (2) In subsection (1):
appropriate persons means such persons as the court considers appropriate.

273.12  Application of laws about witnesses
  A person who gives evidence under a direction is taken to give it at the courtroom or other place in Australia where the court is sitting.
Note: This section has effect, for example, for the purposes of laws relating to evidence, procedure, contempt of court and perjury.

273.13  Administration of oaths and affirmations
  An oath or affirmation to be sworn or made by a witness who is to give evidence under a direction may be administered either:
 (a) by means of the video link, in as nearly as practicable the same way as if the witness were to give the evidence at the courtroom or other