Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The President of a court martial or a Defence Force magistrate may, for the purposes of proceedings before the court martial or Defence Force magistrate, 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 President or Defence Force magistrate 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 martial or Defence Force magistrate is to give the testimony such weight as the court martial or Defence Force magistrate thinks fit in the circumstances.
(4) The power conferred on the President of a court martial or a Defence Force magistrate by subsection (1) may be exercised:
(a) on the application of the accused person or the Director of Military Prosecutions; or
(b) on the initiative of the President of the court martial or the Defence Force magistrate.
(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 Part 6 of the Trans - Tasman Proceedings Act 2010 .