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Schedule 4—Amendments relating to foreign evidence

Schedule 4 Amendments relating to foreign evidence

   

Foreign Evidence Act 1994

1  Paragraphs 20(2)(a) and (b)

Omit “that State”, substitute “a State”.

2  At the end of subsection 20(2)

Add:

               ; or (d)  a proceeding under a law of a Territory (other than the Australian Capital Territory or the Northern Territory) that is prescribed by the regulations as a law that corresponds to a proceeds of crime law.

3  Section 26

Repeal the section, substitute:

26   Evidentiary certificates relating to requests made to foreign countries

             (1)  The Attorney-General may issue a written certificate signed by the Attorney-General certifying that specified documents or things were obtained as a result of a request made to a foreign country by or on behalf of the Attorney-General.

             (2)  In any proceeding to which this Part applies, a certificate under subsection (1) is prima facie evidence of the matters stated in the certificate.

4  After section 27A

Insert:

27AA   Evidentiary certificates relating to requests made to foreign countries

             (1)  The Attorney-General may issue a written certificate signed by the Attorney-General certifying that specified documents or things were obtained as a result of a request made to a foreign country by or on behalf of the Attorney-General.

             (2)  In any terrorism-related proceeding, a certificate under subsection (1) is prima facie evidence of the matters stated in the certificate.

5  Section 35

Repeal the section, substitute:

35   Evidentiary certificates relating to requests made to foreign business authorities

             (1)  The Chairperson of ASIC may issue a written certificate signed by the Chairperson of ASIC certifying that specified documents or things were obtained as a result of a request made to a foreign business authority by ASIC.

             (2)  The Deputy Chairperson of ASIC may issue a written certificate signed by the Deputy Chairperson of ASIC certifying that specified documents or things were obtained as a result of a request made to a foreign business authority by ASIC.

             (3)  In any proceeding to which this Part applies, a certificate under subsection (1) or (2) is prima facie evidence of the matters stated in the certificate.

6  Application provision

The amendments of the Foreign Evidence Act 1994 made by items 1 and 2 of this Schedule apply in relation to a proceeding that commences before, on or after the commencement of this item.