Federal Register of Legislation - Australian Government

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Act No. 121 of 1976 as amended, taking into account amendments up to Act No. 202 of 1976
Registered 26 Nov 2009
Start Date 20 Dec 1976
End Date 18 Apr 1984
Date of repeal 18 Apr 1984
Repealed by Foreign Proceedings (Excess of Jurisdiction) Act 1984

FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 [Note: This Act is "repealed" by Act No. 3 of 1984]
(#DATE 31:05:1982)

- Reprinted as at 31 May 1982
*1* The Foreign Proceedings (Prohibition of Certain Evidence) Act 1976 as shown
in this reprint comprises Act No. 121, 1976 amended as indicated in the Tables
below.

Table of Acts
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Application, saving
Number Date of Date of or
transitional Act and year Assent commencement provisions
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Foreign Proceedings
(Prohibition of
Certain Evidence)
Act 1976 121, 1976 19 Nov
1976 19 Nov 1976
Foreign Proceedings
(Prohibition of
Certain Evidence)
Amendment Act 1976 202, 1976 20 Dec
1976 20 Dec 1976 -
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Table of Amendments

ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
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Provision affected How affected
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Ss. 3, 4 . . . . . . . am. No. 202, 1976
S. 6 . . . . . . . . . am. No. 202, 1976
S. 6A . . . . . . . . ad. No. 202, 1976
S. 8 . . . . . . . . . ad. No. 202, 1976
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FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - TABLE OF
PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Interpretation

4. Exercise of powers

5. Orders

6. Service of orders

6A. Tabling and disallowance of orders

7. Offences

8. Persons not to be required to act in contravention of orders


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FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - LONG TITLE

SECT

An Act to make provision for Preventing the Production of Certain Documents, and the giving of Certain Evidence, for the purposes of Proceedings in Foreign Courts

FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976.*1*


See notes to first article of this CHAPTER.

FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*


See notes to first article of this CHAPTER.

FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 3.
Interpretation

SECT

3. In this Act, unless the contrary intention appears-

"document" includes any writing and also includes any disc, tape or device on which information is recorded or stored, whether originally or by way of a copy;

"foreign tribunal" means any tribunal of a country outside Australia or a part of such a country, but does not include the Judicial Committee of the Privy Council in the exercise of jurisdiction in respect of appeals from any court in Australia;

"tribunal" includes a court or a grand jury and also includes any authority, officer, examiner or person having authority to take or receive evidence, whether on behalf of a court or otherwise.


FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 4.
Exercise of powers

SECT

4. (1) The Attorney-General shall exercise his powers under this Act so as to impose restrictions only where he is satisfied that-

(a) a foreign tribunal is exercising or proposing or likely to exercise jurisdiction or powers of a kind or in a manner not consistent with international law or comity in proceedings having a relevance to matters to which the laws or executive powers of the Commonwealth relate, being the only proceedings of a foreign tribunal in relation to which the restrictions are to have effect; or

(b) the imposition of the restrictions is desirable for the purpose of protecting the national interest in relation to matters to which the laws or executive powers of the Commonwealth relate.


(2) A reference in this section to the imposition of restrictions is a reference to the making of an order under section 5 or the refusing of consent under that section.


FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 5.
Orders

SECT

5. (1) The Attorney-General may, by order in writing, prohibit, except with his consent in writing or as otherwise permitted by the order-

(a) the production in, or for the purposes of, a foreign tribunal of documents that, at the time of the making of the order or at any time while the order remains in force, are in Australia;

(b) the doing of any act in Australia, in relation to documents that, at the time of the making of the order or at any time while the order remains in force, are in Australia, with the intention that the act will result, or where there is reason to believe that the act will, or is likely to, result, in the documents, or evidence of the contents of the documents, being produced or given in, or for the proposes of, a foreign tribunal;

(c) the giving by a person, at a time when he is an Australian citizen or is a resident of Australia, of evidence before a foreign tribunal in relation to, or to the contents of, documents that, at the time of the making of the order or at any time while the order is in force, are in Australia; or

(d) the production of documents before a tribunal in Australia or the giving of evidence, whether in relation to the contents of documents or otherwise, before a tribunal in Australia, for the purposes of proceedings in a foreign tribunal.


(2) An order under this section may-

(a) be directed to a particular person, to persons included in a class of persons or to persons generally;

(b) relate to a particular foreign tribunal, to a class of foreign tribunals or to foreign tribunals generally; and

(c) relate to particular documents or to documents included in a class of documents.


FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 6.
Service of orders

SECT

6. (1) An order under this Act-

(a) may be served on the person or persons to whom it is directed by publication of the order in the Gazette; or

(b) may be served on a person to whom it is directed by serving the order, or a copy of the order, on that person personally or by sending it by post to that person at the place of residence of that person last known to the Attorney-General or at a place of business of that person, or of a company of which that person is a director or officer.


(2) An order revoking or varying an order under this Act may be served on a person to whom the second-mentioned order applies in a manner specified in sub-section (1) and takes effect, in relation to such a person, upon being so served.


FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 6A.
Tabling and disallowance of orders

SECT

6A. (1) The provisions of section 48 of the Acts Interpretation Act 1901 (except paragraphs (1) (a) and (b) and sub-section (2)) apply, by force of this section, to an order under this Act in like manner as those provisions apply in relation to a regulation.


(2) Nothing in the provisions applied by this section affects the operation of an order at any time before it becomes void, or is disallowed, in accordance with those provisions.


FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 7.
Offences

SECT

7. (1) A person shall not contravene an order under this Act that is applicable to him and has been served on him.


Penalty: In the case of an individual, a fine of $5,000 or imprisonment for 6 months or in the case of a company a fine of $10,000.


(2) A provision of the Judiciary Act 1903 by which a court of a State is invested with jurisdiction with respect to offences against the laws of the Commonwealth has effect, in relation to offences against this Act committed outside Australia, as if that jurisdiction were so invested without limitation as to locality.


FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976 - SECT. 8.
Persons not to be required to act in contravention of orders

SECT

8. Nothing contained in any law of the Commonwealth or of a State or Territory or in any Imperial Act in force in a State or Territory shall have the effect of requiring, or empowering any tribunal to require, a person to do an act or thing that would be a contravention by that person of an order under this Act.


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