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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1248 ..


(d) wilfully and without lawful excuse disobey an order or direction of the court.

Maximum penalty: Imprisonment for 3 months.

'Division 3.4-Use of audiovisual links or audio links between Territory courts and places in the Territory

'29  Application of div 3.4

This Division applies to any proceeding before a Territory court.

'30  Use of link in proceedings

'(1)  Subject to any Act or rules of court, a Territory court may, on the application of a party to a proceeding before it or on its own initiative, direct that a person, whether or not a party to the proceeding, appear before, or give evidence or make a submission to, the court by audiovisual link or audio link from a place in the Territory that is outside the courtroom or other place where the court is sitting.

'(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 place that is outside the courtroom or other place where the court is sitting; and

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

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

'Division 3.5-Protection of certain communications and documents in criminal proceedings

'31  Application of div 3.5

This Division applies to a communication made, and a document transmitted, by audiovisual link or audio link between an accused person and his or her legal representative during the course of a proceeding in relation to which, or to a part of which, an audiovisual or audio link has been used under this Part or a provision of another Territory law.

'32  Protection of confidentiality

Without limiting any other protection that applies to it, a communication or document to which this Division applies is as confidential and inadmissible in any proceeding as it would be if it had been made or produced while the accused person and his or her legal representative were in each other's presence.

'33  Application of Listening Devices Act

The Listening Devices Act 1992 applies to a communication or document to which this Division applies as if-

(a) for a communication-the communication were a private conversation within the meaning of that Act to which the parties were the accused person and his or her legal representative; and

(b) for a document-


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