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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1246 ..


(b) in relation to the making of a submission by audiovisual link or audio link from the participating State in a proceeding before a Territory court.

'Division 3.3-Use of interstate audiovisual links or audio links

in proceedings in participating States

'20  Application of div 3.3

This Division applies to any proceeding before a recognised court.

'21  Recognised courts may take evidence or receive submissions from people in the Territory

A recognised court may, for a proceeding before it, take evidence or receive a submission by audiovisual link or audio link from a person in the Territory.

'22  Powers of recognised courts

'(1)  The recognised court may, for the proceeding, exercise in the Territory, in relation to taking evidence or receiving a submission by audiovisual link or audio link, any of its powers except its powers-

(a) to punish for contempt; and

(b) to enforce or execute its judgments or process.

'(2)  The laws of the participating State (including rules of court) that apply to the proceeding in that State also apply, by operation of this subsection, to the practice and procedure of the recognised court in taking evidence or receiving a submission by audiovisual link or audio link from a person in the Territory.

'(3)  For the exercise by the recognised court of its powers, the place in the Territory where evidence is given or a submission is made is taken to be part of the court.

'23  Orders made by recognised court

Without limiting section 22, the recognised court may, by order-

(a) direct that the proceeding, or a part of the proceeding, be conducted in private; or

(b) require a person to leave a place in the Territory where the giving of evidence or the making of a submission is taking place or is going to take place; or

(c) prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the proceeding.

'24  Enforcement of order

'(1)  Subject to rules of court, an order under section 23 may be enforced by the Supreme Court as if the order were an order of that court.

'(2)  Without limiting subsection (1), a person who contravenes the order-

(a) is taken to be in contempt of the Supreme Court; and

(b) is punishable accordingly;

unless the person establishes that the contravention should be excused.

'25  Privileges, protection and immunity of participants in proceedings in courts of participating States

'(1)  A judge or other person presiding at or otherwise taking part in a proceeding before a recognised court has, in relation to evidence


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