Document ID: chunk:federal_register_of_legislation:C2023C00233:section:9
Version: federal_register_of_legislation:C2023C00233
Segment Type: section
Provision Reference: s 9
Character Range: 17374–18118

9  Use of evidence taken in an examination
 (1) Subject to subsection (2), the court may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding:
 (a) a person's evidence taken in an examination held as a result of an order under subsection 7(1); or
 (b) a record of that evidence.
 (2) Evidence of a person so tendered is not admissible if:
 (a) it appears to the court's satisfaction at the hearing of the proceeding that the person is in Australia and is able to attend the hearing; or
 (b) the evidence would not have been admissible had it been adduced at the hearing.

Division 2—Proceedings in the Federal Circuit and Family Court of Australia (Division 2) and inferior courts