Territory entity may take evidence and submissions from outside Territory
49P Territory entity may take evidence and submissions from outside Territory
A Territory entity may, on the application of a party to a proceeding, direct that evidence be taken or submissions be made, by audiovisual link or audio link, from a participating State.
The entity must not make the direction unless it is satisfied that:
the necessary facilities are available or can reasonably be made available; and
the evidence or submission can more conveniently be given or made from the participating State.
Without limiting the matters to which the entity may have regard, the entity must have regard to whether the making of the direction would be unfair to any person.
The entity may exercise in the participating State, in connection with taking evidence or receiving submissions by audiovisual link or audio link, any of its powers that the court is permitted under the law of the participating State to exercise in the participating State.
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