Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If direct evidence by a person (the absent witness ) of a matter would be admissible in a proceeding referred to in subsection (2), a statement that the absent witness made at an examination under this Division 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 the witness' attendance; or
(iii) all reasonable steps have been taken to find the absent witness but the witness 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.
(2) For the purposes of subsection (1), the proceedings are:
(a) a proceeding in a court; or
(b) a proceeding or hearing before, or an examination by or before, a tribunal in Australia or any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence;
whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.