Australian Capital Territory Numbered Acts

COURT LEGISLATION AMENDMENT ACT 2006 (NO. 55 OF 2006) - SECT 20

substitute

311     Appearance by audiovisual or audio links etc

    (1)     This section applies if, in relation to a proceeding or a part of a proceeding (the relevant proceeding ), the court has—

        (a)     given a direction under the Evidence (Miscellaneous Provisions) Act 1991 , section 20 (1) (Territory courts may take evidence and submissions from outside ACT); or

        (b)     made an order under the Court Procedures Rules 2006 , rule 6703 (Evidence by telephone etc) about receiving evidence or submissions by telephone, video link or another form of communication in the proceeding.

    (2)     If this section applies, a person who, in a relevant proceeding—

        (a)     is required or entitled to appear personally, whether as a party or as a witness; or

        (b)     is entitled to appear for another person;

may appear in the relevant proceeding and participate or give evidence in accordance with the direction or order.

    (3)     A person who appears in a relevant proceeding in accordance with this section is taken to be before the court.

    (4)     In this Act:

"appearance", in relation to a proceeding and whether by a party or anyone else, includes appearance in accordance with this section if this section applies.

    (5)     In this section:

"proceeding" does not include a proceeding about bail.