Statutory Rules 1994 No. 3331
__________________
Foreign Evidence (Foreign Material—Criminal and Related Civil Proceedings) Regulations
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Foreign Evidence Act 1994.
Dated 4 October 1994.
P. BENNETT
Administrator
By His Excellency’s Command,
D. KERR
Minister for Justice
____________
Citation
1. These Regulations may be cited as the Foreign Evidence (Foreign Material—Criminal and Related Civil Proceedings) Regulations.
Commencement
2. These Regulations commence on the day on which Part 3 of the Foreign Evidence Act 1994 commences.
Interpretation
3. In these Regulations:
“the Act” means the Foreign Evidence Act 1994.
Application of Part 3 of the Act to proceedings in a court of a State or Territory
4. (1) For the purposes of subsection 20 (2) of the Act, the following States and Territories are specified:
(a) New South Wales;
(b) Victoria;
(c) Queensland;
(d) South Australia;
(e) Western Australia;
(f) Tasmania;
(g) the Australian Capital Territory;
(h) the Northern Territory.
(2) For the purposes of paragraph 20 (2) (b) of the Act, a related civil proceeding of a kind described in column 3 of an item in the Schedule is specified in respect of the State or Territory referred to in column 2 of that item.
____________
SCHEDULE Subregulation 4 (2)
RELATED CIVIL PROCEEDINGS
Column 1 Item no. | Column 2 State or Territory | Column 3 Related civil proceedings |
1. | New South Wales | A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Confiscation of Proceeds of Crime Act 1989 of the State of New South Wales; or (b) a proceeding under the Drug Trafficking (Civil Proceedings) Act 1990 of that State. |
2. | Victoria | A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Crimes (Confiscation of Profits) Act 1986 of the State of Victoria; or (b) a proceeding under the Criminal Injuries Compensation Act 1983 of that State; or (c) a proceeding for the recovery of a tax, duty, levy or charge payable to that State; or (d) a proceeding under a law of that State for the recovery of compensation payable, in respect of an offence against such a law, to that State or to a person in respect of whom the offence was committed.
|
3. | Queensland | A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Drugs Misuse Act 1986 of the State of Queensland; or (b) a proceeding under the Crimes (Confiscation of Profits) Act 1989 of that State.
|
4. | South Australia | A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Criminal Injuries Compensation Act 1978 of the State of South Australia; or (b) a proceeding under the Crimes (Confiscation of Profits) Act 1986 of that State; or (c) a proceeding for the recovery of a tax, duty, levy or charge payable to that State; or (d) a proceeding under a law of that State for the recovery of compensation payable, in respect of an offence against such a law, to that State or to a person in respect of whom the offence was committed. |
5. | Western Australia | A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Misuse of Drugs Act 1981 of the State of Western Australia; or (b) a proceeding under the Crimes (Confiscation of Profits) Act 1988 of that State; or (c) a proceeding for the recovery of a tax, duty, levy or charge payable to that State; or (d) a proceeding under a law of that State for the recovery of compensation payable, in respect of an offence against such a law, to that State or to a person in respect of whom the offence was committed. |
6. | Tasmania | A related civil proceeding of any kind, including, in particular, a proceeding under the Crimes (Confiscation of Profits) Act 1993 of the State of Tasmania. |
7. | Australian Capital Territory | A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Criminal Injuries Compensation Act 1983 of the Australian Capital Territory; or (b) a proceeding under an enactment that is defined as a tax law in section 3 of the Taxation Administration Act 1987 of that Territory; or (c) a proceeding under the Drugs of Dependence Act 1989 of that Territory; or (d) a proceeding under the Proceeds of Crime Act 1991 of that Territory. |
8. | Northern Territory | A related civil proceeding of any kind, including, in particular, a proceeding under the Unlawful Betting Act 1989 of the Northern Territory. |
_________________________________________________
NOTE
1. Notified in the Commonwealth of Australia Gazette on 7 October 1994.