Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Foreign Evidence Act 1994
In force
Administered by
Attorney-General's Department
Latest version
Order print copy
Save this title to My Account
Set up an alert
C2023C00233 (C21)
14 September 2023
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
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
Collapse
Part 2—Examination of witnesses abroad
Collapse
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
Collapse
Part 3—Use of foreign material in criminal and related civil proceedings
Collapse
Division 1—Preliminary
20 Proceedings to which this Part applies
Collapse
Division 2—Obtaining foreign material
21 Requests for foreign material
22 Requirements for testimony
23 Form of testimony
Collapse
Division 3—Using foreign material
24 Foreign material may be adduced as evidence
25 Discretion to prevent foreign material being adduced—general
Collapse
Division 4—Miscellaneous
26 Evidentiary certificates relating to requests made to foreign countries
27 Operation of other laws
Collapse
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
Collapse
Part 4—Use of foreign material and records of foreign business authorities in certain civil proceedings
Collapse
Division 1—Preliminary
28 Proceedings to which this Part applies
Collapse
Division 2—Obtaining foreign material
29 Requests for foreign material
30 Requirements for testimony
31 Form of testimony
Collapse
Division 3—Using foreign material
32 Foreign material may be adduced as evidence
33 Discretion to prevent foreign material being adduced
Collapse
Division 4—Records of foreign business authorities
34 Evidence of records of foreign business authorities
Collapse
Division 5—Miscellaneous
35 Evidentiary certificates relating to requests made to foreign business authorities
36 Operation of other laws
Collapse
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.
Collapse
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
Collapse
Part 7—Miscellaneous
46 Regulations
Collapse
Schedule—Hague Convention abolishing the requirement of legalisation for foreign public documents
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history