(1) Subject to subsection (2), foreign material may be adduced in a proceeding to which this Part applies.
(2) The foreign material is not to be adduced as evidence if:
(a) it appears to the court's satisfaction at the hearing of the proceeding that the person who gave the testimony concerned is in Australia and is able to attend the hearing; or
(b) the evidence would not have been admissible had it been adduced from the person at the hearing.