Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.