Commonwealth Consolidated Acts

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Conditions for split court

Conditions to be satisfied before direction under section 102M may be given

             (1)  A direction must not be made under subsection 102M(1) in respect of facilitating the sitting of a split court by a form of electronic communication unless the directing Judge is satisfied:

                     (a)  that each courtroom is equipped with facilities that enable eligible persons present in the courtroom to communicate with eligible persons present in the other courtrooms:

                              (i)  using the particular form of electronic communication; and

                             (ii)  as required by the proceedings before the court; and

                     (b)  that such conditions of a kind referred to in section 102F (if any) as are prescribed by the Rules of Court in relation to the particular form of electronic communication are met.

Judges may impose own conditions

             (2)  Each Judge of the split court may, in relation to the Judge's courtroom, impose such other conditions in respect of the form of electronic communication to be used to facilitate the split court as the Judge considers appropriate.

Eligible persons

             (3)  For the purposes of the application of this section to particular proceedings, eligible persons are such persons as a Judge of the split court considers should be treated as eligible persons for the purposes of the proceedings as facilitated in the Judge's courtroom.

             (4)  In this section:

"communicate with" , in relation to eligible persons, means:

                     (a)  in the case of video link--seeing and hearing the eligible persons; and

                     (b)  in the case of audio link--hearing the eligible persons; and

                     (c)  in the case of other appropriate means of communication--as provided for in the applicable Rules of Court.

"courtroom" means the courtroom or other place where a Judge of the split court is sitting.

"electronic communication" means:

                     (a)  video link; or

                     (b)  audio link; or

                     (c)  other appropriate means of communication.

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