Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsOrder 39 is amended by inserting after Division 1 the following Division:
“ Division 2—Taking evidence at trial from outside Territory by audiovisual link or audio link
“3 Application for direction
An application for a direction under section 18 of the Evidence (Miscellaneous Provisions) Act 1991 may be made orally or by motion on notice in the proceeding.
“4 Supporting affidavit
An application must be supported by an affidavit stating—
(a) why it is desirable that the evidence be taken or submissions made by audiovisual link or audio link; and
(b) the nature of any evidence to be taken; and
(c) the number of witnesses to be examined; and
(d) whether issues of character are likely to be raised; and
(e) the expected duration of the evidence or submissions; and
(f) a description of the facilities that are available, or that can reasonably be made available, for the evidence to be taken or submissions to be made; and
(g) that the requirements of subsection 18 (2) of the Evidence (Miscellaneous Provisions) Act 1991 can be met.
“5 Relevant considerations
In deciding whether to grant an application, the court may have regard to, in addition to the matters included in the applicant's affidavit, any other matters that the court considers to be relevant, including cost and convenience to the witnesses and parties.
“6 Directions
“(1) If the court gives a direction under section 18 of the Evidence (Miscellaneous Provisions) Act 1991 , the court may direct the registrar to arrange for and coordinate the use of the appropriate facilities in the Territory and the other jurisdiction.
“(2) Without limiting subrule (1), the court may direct that—
(a) the registrar arrange for the evidence to be given, or the submissions to be made, at the Supreme Court of the other jurisdiction or at another place approved by that court for the purpose; and
(b) an officer of the Supreme Court of the other jurisdiction, or anyone else approved by that court for the purpose, be asked to be present to assist in the transmission of the evidence or submissions and, in particular, to—
(i) introduce witnesses and legal representatives; and
(ii) assist with the administration of oaths, if necessary; and
(iii) assist with the implementation of any direction given or request made by the judge hearing the evidence or submissions.”.
1 Republished as in force on 1 February 1999. See also SL 1999 No 26; 2000 Nos 17 and 23.
2 Notified in the Gazette on 15 June 2000.
© Australian Capital Territory 2003