Criminal Procedure Act 1986 No 209
Historical version for 29 June 2000 to 30 July 2000 (accessed 23 November 2014 at 15:35) Current version
Part 4Division 5Section 113

113   Depositions tendered by accused person

(1)  The deposition of any witness called and examined before a justice by and on behalf of the accused person may, if the accused person so requires, be admitted as evidence in his or her defence at the trial:
(a)  if the witness:
(i)  is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the witness’s life, or
(ii)  is absent from Australia, or
(b)  if the committing justice has certified, before committing the accused person for trial, that in the opinion of the justice:
(i)  the evidence of the witness is material, and
(ii)  the witness is willing to attend the trial, but is unable to bear the expense of attendance.
(2)  A deposition may not be admitted as evidence on the ground referred to in subsection (1) (b) if the witness has, in due time before the trial, been subpoenaed by the Crown.
(3)  In this section, justice includes a coroner holding office under the Coroners Act 1980.
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