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provides for a party to apply to the court for an order that the evidence be taken from a witness prior to trial. The clause is based on section 11 of the Crimes (Criminal Trials) Act 1999 in which an application can only be made where the witness did not provide a deposition (whether by oral evidence or sworn statement) or give evidence at a compulsory examination hearing. In order to provide greater flexibility to pre-record evidence, this clause extends the provision to witnesses who gave evidence at the committal hearing but who are likely to be unavailable at trial, in cases where the parties agree, or where for any other reason the court considers it to be appropriate. An order may include a direction that the evidence of the person is to be given or recorded in a specified manner in accordance with the Evidence Act 1958. This may include orders as to how the evidence, including evidence-in-chief, cross- examination and re-examination is to be recorded. The admissibility of any evidence taken under this clause is not determined by the Bill but by the rules of evidence. Division 4—Procedure for pre-trial orders and other decisions