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Foreign Evidence Amendment Bill 2010

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2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

Foreign Evidence Amendment Bill 2008

 

 

( 1 )     Schedule  1 , item  8 , page 4 (lines 8 to 12) , to be opposed .

[testimony requirements]

(2)     Schedule  1 , items  11 and 12 , page 4 (line 18) to page 5 (line 13) , omit the items, substitute:

11  At the end of section 24

Add:

             (3)  Paragraph (2)(b) does not apply if:

                     (a)  the foreign material is a business record; and

                     (b)  the only reason why the evidence would not have been admissible had it been adduced from the person at the hearing is that an Australian law relating to hearsay evidence (however described) would have applied to the evidence.

             (4)  For the purpose of determining whether foreign material is a business record, and may be adduced as evidence, the court may:

                     (a)  examine the foreign material; and

                     (b)  draw any reasonable inference from the form and contents of the foreign material as well as from any other matters from which inferences may properly be drawn.

[business records]

( 3 )     Schedule  1 , item  15 , page 6 (line 3) , omit “ amendments made by items 7 and 8 ”, substitute “ amendment made by item 7 ”.

[testimony requirements]

(4)     Schedule 1, item 15, page 6 (line 4), omit “amendments made by items 7 and 8 of this Schedule apply”, substitute “amendment made by item 7 of this Schedule applies”.

[testimony requirements]

(5)     Schedule  1 , item  17 , page 6 (lines 11 to 15) , to be opposed .

[business records]