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Foreign Evidence Act 1994
No. 59, 1994
In force
Administered by
Attorney-General's Department
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C2023C00233 C21
14 September 2023
-
07 November 2025
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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
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Part 2—Examination of witnesses abroad
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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
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Part 3—Use of foreign material in criminal and related civil proceedings
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Division 1—Preliminary
20 Proceedings to which this Part applies
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Division 2—Obtaining foreign material
21 Requests for foreign material
22 Requirements for testimony
23 Form of testimony
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Division 3—Using foreign material
24 Foreign material may be adduced as evidence
25 Discretion to prevent foreign material being adduced—general
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Division 4—Miscellaneous
26 Evidentiary certificates relating to requests made to foreign countries
27 Operation of other laws
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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
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Part 4—Use of foreign material and records of foreign business authorities in certain civil proceedings
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Division 1—Preliminary
28 Proceedings to which this Part applies
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Division 2—Obtaining foreign material
29 Requests for foreign material
30 Requirements for testimony
31 Form of testimony
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Division 3—Using foreign material
32 Foreign material may be adduced as evidence
33 Discretion to prevent foreign material being adduced
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Division 4—Records of foreign business authorities
34 Evidence of records of foreign business authorities
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Division 5—Miscellaneous
35 Evidentiary certificates relating to requests made to foreign business authorities
36 Operation of other laws
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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.
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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
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Part 7—Miscellaneous
46 Regulations
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Schedule—Hague Convention abolishing the requirement of legalisation for foreign public documents
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
