Evidence (Miscellaneous Provisions) Act 1991

This section applies if—

in a civil or criminal proceeding, the Supreme Court or the Magistrates Court (the court) makes an order under the rules under the Court Procedures Act 2004—

for the examination of a person on oath at a place in or outside the ACT (including outside Australia) before a person appointed by the court; or

for the issue of a commission for the examination of a person on oath at a place in or outside the ACT (including outside Australia); or

for the issue of a letter of request to a judicial authority of a place outside the ACT (including outside Australia) to take the evidence of a person (or cause it to be taken); and

the person’s evidence is taken in an examination held in accordance with the order; and

a party to the proceeding tenders the person’s evidence as evidence in the proceeding.

Unless the court otherwise orders, the person’s evidence is not admissible if, at the hearing of the proceeding, the court is satisfied that the person is in the ACT and is able to attend the hearing.