s 9
In forceUse of evidence taken in an examination
Part 2Examination of witnesses abroad
Division 1Proceedings in superior courts
9 Use of evidence taken in an examination
(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.
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