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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1245 ..

(c) a judicial commission under the Judicial Commissions Act 1994; or

(d) a tribunal of the Territory; or

(e) an arbitrator or umpire conducting proceedings under the Commercial Arbitration Act 1986.

tribunal , in relation to a State, means a person or body authorised under the law of the State to take evidence on oath or affirmation.

'15  Application of pt 3

This Part applies in relation to all proceedings, including-

(a) proceedings pending at the commencement of this Part; and

(b) proceedings begun after the commencement of this Part that arise from circumstances, matters or events that arose or happened before that commencement.

'16  Operation of other Acts

This Part is not intended to exclude or limit the operation of any Territory law that makes provision for the taking of evidence or making of a submission outside the Territory for a proceeding in the Territory.

'Division 3.2-Use of interstate audiovisual links or audio links in

proceedings before Territory courts

'17  Application of div 3.2

This Division applies to any proceeding before a Territory court.

'18  Territory courts may take evidence and submissions from outside the Territory

'(1)  A Territory court may, on the application of a party to a proceeding before the court or on its own initiative, direct that evidence be taken or a submission made by audiovisual link or audio link, from a participating State.

'(2)  The court may make the direction only if satisfied that-

(a) the necessary facilities are available or can reasonably be made available; and

(b) the evidence or submission can more conveniently be given or made from the participating State; and

(c) the making of the direction is not unfair to a party opposing the making of the direction.

'(3)  The court may exercise in the participating State, in relation to taking evidence or receiving a submission 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.

'(4)  The court may at any time vary or revoke a direction under this Division, either on the application of a party to the proceeding or on its own initiative.

'19  Legal practitioners entitled to practise

A person who is entitled to practise as a legal practitioner in a participating State is entitled to practise as a legal practitioner-

(a) in relation to the examination-in-chief, cross-examination or re-examination of a witness in the participating State whose evidence is being given by audiovisual link or audio link in a proceeding before a Territory court; and

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