Criminal Procedure Act 1986

The deposition of any witness called and examined before a judge by and on behalf of the accused person may, if the accused person so requires, be admitted as evidence in his or her defence at the trial—

if the witness—

is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the witness’s life, or

is absent from Australia, or

if the committing Judge of the Local Court has certified, before committing the accused person for trial, that in the opinion of the Judge of the Local Court—

the evidence of the witness is material, and

the witness is willing to attend the trial, but is unable to bear the expense of attendance.

A deposition may not be admitted as evidence on the ground referred to in subsection (1) (b) if the witness has, in due time before the trial, been subpoenaed by the Crown.

In this section—