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COMMONWEALTHAct
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s 29

Legal representation

In force
Part 4Other forms of assistance to a Tribunal
Division 1Taking evidence etc.

29 Legal representation

(1)

The evidence of a witness may be taken under section 27 in the presence or absence of:

(a)

the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates; or

(b)

his or her legal representative (if any).

(2)

The magistrate conducting a proceeding under either section 27 or 28, or both, may permit:

(a)

the person to whom the proceeding before, or investigation conducted by, the Tribunal relates; and

(b)

any other person giving evidence or producing documents or other articles at the proceeding before the magistrate; and

(c)

the Tribunal;

to have legal representation at the proceeding before the magistrate.

(3)

If the Tribunal so requests, the Magistrate conducting a proceeding under section 27 or 28 (or both) may permit examination or cross‑examination of a person giving evidence or producing a document or other article at the proceeding, by:

(a)

the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates; or

(b)

that person’s legal representative; or

(c)

the Tribunal’s legal representative;

through a video link.

(4)

In this section:

video link means a video and sound system that enables persons assembled in the Tribunal’s premises (or premises nominated by the Tribunal) to see, hear and talk to persons assembled in a place in another country.

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