Foreign Evidence Act 1994 (Cth)

Foreign Evidence Act 1994

No. 59, 1994

Compilation No. 21

Compilation date: 14 September 2023

Includes amendments up to: Act No. 63, 2023

Registered: 16 September 2023

About this compilation

This compilation

This is a compilation of the Foreign Evidence Act 1994 that shows the text of the law as amended and in force on 14 September 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions 4 References to evidence taken in an examination 5 External Territories 6 Act to bind Crown Part 2—Examination of witnesses abroad Division 1—Proceedings in superior courts 7 Orders for taking evidence abroad 8 Directions and requests relating to orders 9 Use of evidence taken in an examination Division 2—Proceedings in the Federal Circuit and Family Court of Australia (Division 2) and inferior courts 9A Orders for taking evidence abroad—Federal Circuit and Family Court of Australia (Division 2) 10 Orders for taking evidence abroad—inferior courts 11 Orders for taking evidence abroad—family law matters 12 Use of evidence taken in an examination Division 3—Subsequent proceedings 13 Directions for use in subsequent proceedings of evidence taken abroad 14 Use of that evidence in subsequent proceedings Division 4—Miscellaneous 15 Discretion to exclude evidence 16 Variation or revocation of orders 17 Courts may exercise certain powers in chambers 18 Operation of other laws 19 Rules of court Part 3—Use of foreign material in criminal and related civil proceedings Division 1—Preliminary 20 Proceedings to which this Part applies Division 2—Obtaining foreign material 21 Requests for foreign material 22 Requirements for testimony 23 Form of testimony Division 3—Using foreign material 24 Foreign material may be adduced as evidence 25 Discretion to prevent foreign material being adduced—general Division 4—Miscellaneous 26 Evidentiary certificates relating to requests made to foreign countries 27 Operation of other laws Part 3A—Use of foreign material and foreign government material in terrorism‑related proceedings 27A Foreign material may be adduced as evidence 27AA Evidentiary certificates relating to requests made to foreign countries 27B Foreign government material may be adduced as evidence 27C Discretion to prevent material being adduced 27D Admissibility of material adduced 27DA Warning and informing jury 27E Operation of other laws Part 4—Use of foreign material and records of foreign business authorities in certain civil proceedings Division 1—Preliminary 28 Proceedings to which this Part applies Division 2—Obtaining foreign material 29 Requests for foreign material 30 Requirements for testimony 31 Form of testimony Division 3—Using foreign material 32 Foreign material may be adduced as evidence 33 Discretion to prevent foreign material being adduced Division 4—Records of foreign business authorities 34 Evidence of records of foreign business authorities Division 5—Miscellaneous 35 Evidentiary certificates relating to requests made to foreign business authorities 36 Operation of other laws Part 5—Authenticating foreign public documents 37 Certificates attached to foreign public documents 38 Foreign public documents not requiring legalisation 39 Lesser formalities for authentication etc. Part 6—Taking evidence for proceedings in foreign courts 40 Application of this Part 41 Exercise of powers under this Part 42 Orders 43 Copies etc. of documents 44 Intervention 45 Injunctions Part 7—Miscellaneous 46 Regulations Schedule—Hague Convention abolishing the requirement of legalisation for foreign public documents Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about certain evidentiary matters involving overseas jurisdictions