FOREIGN EVIDENCE ACT 1994 - SECT 40 Application of this Part

FOREIGN EVIDENCE ACT 1994 - SECT 40

  (1)   This Part   applies in relation to any proceedings before an Australian court that are proceedings for the taking of evidence for use in proceedings instituted in or before a foreign court.

  (2)   The Attorney - General's power to make an order under section   42   may only be exercised in relation to proceedings mentioned in subsection   (1).

  (3)   In this section:

"authority" means any person or body authorised to take or receive evidence:

  (a)   whether on behalf of a court or otherwise; or

  (b)   whether or not the person or body is empowered to require the answering of questions or the production of documents.

"foreign court" means any court, or authority, of a foreign country or a part of such a country.