FOREIGN EVIDENCE ACT 1994 - SECT 27C Discretion to prevent material being adduced
FOREIGN EVIDENCE ACT 1994 - SECT 27C
Discretion to prevent material being adduced(1) This section applies in relation to a terrorism - related proceeding described in an item of the following table if a person described in that item seeks to adduce foreign material or foreign government material in the proceeding.
Persons seeking to adduce material in proceedings | ||
Item | Proceeding | Person seeking to adduce material |
1 | Criminal proceeding for a designated offence | Prosecutor |
2 | Proceeding under the Proceeds of Crime Act 2002 relating to a designated offence | The responsible authority under that Act in relation to the proceeding |
3 | Proceeding under Division 104 of the Criminal Code | A member of the Australian Federal Police or a special member (within the meaning of the Australian Federal Police Act 1979 ) |
(2) The court may direct that the material not be adduced as
evidence in the proceeding if the court is satisfied that adducing the
material would have a substantial adverse effect on the right of another party
to the proceeding to receive a fair hearing.