Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In an appeal under this Division, the Court:
(a) must have regard to the evidence given in the proceedings out of which the appeal arose; and
(b) may draw inferences of fact; and
(c) may, if satisfied it is in the interests of justice to do so, receive further evidence, which may be taken:
(i) on affidavit; or
(ii) by video link, audio link or other appropriate means in accordance with another provision of this Act or another law of the Commonwealth; or
(iii) by oral examination before the Court or a Judge; or
(iv) otherwise in accordance with section 46.
Note: Paragraph (c) does not require the Court to receive further evidence. For example, if the failure to adduce the evidence during the trial is not satisfactorily explained.
(2) The Court may receive further evidence under paragraph (1)(c) by:
(a) directing the evidence be taken by a single Judge; and
(b) having regard to the findings of that Judge in relation to that evidence.