Evidence (Miscellaneous Provisions) Act 1991

An oath to be sworn, or an affirmation to be made, by a person (the remote person) who is to give evidence by audiovisual link or audio link may be administered—

by audiovisual link or audio link, in a way that, as nearly as practicable, corresponds to the way in which the oath or affirmation would be administered if the remote person were to give evidence in the courtroom or other place where a territory court is sitting; or

if the territory court allows another person who is present at the place where the remote person is located to administer the oath or affirmation—by the other person.

However, a person giving evidence by audiovisual link or audio link from a place outside Australia is not required to give the evidence on oath or affirmation if—

the law in force in that place—

does not permit the person to give evidence on oath or affirmation for the purposes of the proceeding; or

would make it inconvenient for the person to give evidence on oath or affirmation for the purposes of the proceeding; and

the territory court is satisfied that it is appropriate for the evidence to be given otherwise than on oath or affirmation.

Subsection (2) applies despite anything to the contrary in the Evidence Act 2011 or any other territory law.