Evidence Act 1939

(a) a Territory proceeding that is a criminal proceeding in or before the Local Court; and

(b) a person (a witness) who is to appear before the Local Court as a witness in a criminal proceeding.

(2) The Local Court must give a direction under section 49E(1) for a witness in a criminal proceeding to appear before, and give evidence to, the Court by audiovisual link if the Court is satisfied that:

(a) the witness would appear by audiovisual link from a place (the remote place) that is:

(ii) any other place that is located more than 100 km from the place where the Court is sitting; and

(b) the necessary facilities are available or can reasonably be made available for the witness to appear by audiovisual link from the remote place; and

(c) if a party to the criminal proceeding opposes the direction being given in respect of the witness – it is in the interests of the administration of justice to give the direction.

(3) For subsection (2)(c), in considering whether it is in the interests of the administration of justice to give the direction, the Local Court:

(i) whether the evidence of the witness can more conveniently be given from the remote place; and

(ii) whether the giving of the direction could support the efficient conduct of the criminal proceeding by reducing costs incurred in, or delays to, the proceeding; and

(iii) whether the giving of the direction would be unfair to the party opposing it; and

(b) may have regard to any other matter that the Court considers relevant.