Evidence (Miscellaneous Provisions) Act 1958

An accused referred to in section 42JA(1) or 42K(1) who, in accordance with a relevant provision of that section is permitted to appear or be brought before the Magistrates' Court or another court (as the case requires) in a proceeding by audio visual link may appear by audio link instead if the relevant court makes a direction under subsection (3).

If a direction is made under one of the following provisions for an accused to appear in a proceeding by audio visual link, the accused may appear by audio link instead if the court makes a direction under subsection (3)—

section 42M(1) or (7);

section 42MA;

section 42P.

A court may make a direction for the purposes of subsection (1) or (2) if—

the accused is scheduled to appear by audio visual link; and

the audio visual link fails or is otherwise unable to proceed; and

the court needs to make orders or directions in relation to adjourning the proceeding to a time when—

an audio visual link can proceed; or

the accused can be brought physically before the court; and

the court is satisfied that the technical requirements specified in section 42RB are met or can be reasonably met.

In a proceeding by audio link in accordance with a direction made under subsection (3), a court may make any orders it considers necessary to facilitate the adjournment or efficient administration of the proceeding.