Victorian Numbered Acts Victorian Numbered ActsFor section 42R of the Evidence (Miscellaneous Provisions) Act 1958 substitute —
(1) The technical requirements for an audio visual link by which an accused appears before a court are—
(a) all appropriate persons at the court point and a remote point have access to equipment that enables them to see and hear—
(i) the accused—
(A) appearing before the court; or
(B) entering a plea to a charge; or
(C) giving evidence; or
(D) making a submission; and
(ii) other appropriate persons at the court point, the remote point and any other remote point; and
(b) the accused and any legal practitioner representing the accused in the proceeding have access to equipment that, in accordance with any rules of court, enables private communication to take place, and documents to be transmitted, between the accused and the legal practitioner—
(i) during a hearing; or
(ii) during any adjournment of a hearing; or
(iii) on the day of a hearing, shortly before or after the hearing; and
(c) any requirements prescribed by rules of court for or with respect to the following—
(i) the form of audio visual link;
(ii) the equipment, or class of equipment, used to establish the link;
(iii) the layout of cameras;
(iv) the standard or speed of transmission;
(v) the quality of the communication;
(vi) any other matter relating to the link; and
(d) any requirements imposed by the presiding judge or magistrate.
(2) Requirements imposed under subsection (1)(d) must not be inconsistent with any provision of this Part or any rules of court.".