This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

Clause 130

provides that a witness can be called to give evidence at a committal hearing if the court grants leave for the cross- examination of the witness (under clause 124) or to the prosecution to call the witness to give oral evidence in chief. Subclause (3) indicates that if leave is granted to cross-examine a witness under clause 124, the evidence-in-chief of the witness must be confined to the witness identifying themself and attesting to the truthfulness of the statement or recording. However, subclauses (4) and (5) provide a discretion to the court to give leave to a witness to give oral evidence-in-chief supplementary to the statement or recording, if satisfied that it is in the interests of justice to do so. Further, if exceptional circumstances exist, the court has a discretion to give leave to the witness to give the whole of their evidence-in-chief orally. Either party can apply for the court to permit a statement or transcript to be read out before the witness is asked to attest to its truthfulness or is cross-examined. The witness or any other person that the court considers appropriate may read out the statement or transcript. A witness who gives evidence-in-chief may be cross-examined and re-examined. Subclause (8) provides that evidence given at committal hearings must comply with the recording requirements in Part VI of the Evidence Act 1958.