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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 77

Statements made at an examination: other proceedings

    Where direct evidence by a person (the absent witness ) of a matter would be admissible in a proceeding, a statement that the absent witness made at an examination of the absent witness and that tends to establish that matter is admissible in the proceeding as evidence of that matter:

  (a)   if it appears to the court or tribunal that:

  (i)   the absent witness is dead or is unfit, because of physical or mental incapacity, to attend as a witness; or

  (ii)   the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or

  (iii)   all reasonable steps have been taken to find the absent witness but he or she cannot be found; or

  (b)   if it does not so appear to the court or tribunal--unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.


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