FOREIGN EVIDENCE (FOREIGN MATERIAL - CRIMINAL AND RELATED CIVIL PROCEEDINGS) REGULATIONS 1994 NO. 333

FOREIGN EVIDENCE (FOREIGN MATERIAL - CRIMINAL AND RELATED CIVIL PROCEEDINGS) REGULATIONS 1994 NO. 333

Issued by the Authority of the Minister for Justice

Foreign Evidence (Foreign Material - Criminal and Related Civil Proceedings) Regulations

Section 46 of the Foreign Evidence Act 1994 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed. Subsection 20(2) of the Act provides that regulations may be made specifying States and Territories to which Part 3 of the Act applies and also specifying related civil proceedings in respect of States and Territories for that purpose.

The Regulations apply Part of the Act to specified States and Territories. Part 3 of the Act implements new procedures for enabling foreign material authenticated in a prescribed manner to be admissible in evidence in criminal proceedings and in related civil proceedings, subject to appropriate safeguards.

The new provisions contained in Part 3 ) apply to all Commonwealth criminal and related civil proceedings in any Australian court. The Regulations, which were requested by each of the specified States and Territories, apply the Part to criminal proceedings and specified related civil proceedings in the courts of the specified States and Territories for offences against the law of their jurisdictions. The purpose of the Regulations is to provide national uniformity and to assist in State/Territory proceedings involving foreign evidence.

Details of the Regulations are as follows.

Regulation 1 is a citation provision.

Regulation 2 provides for the proposed Regulations to commence on the day on which Part 3 of the Foreign Evidence Act 1994 commences. Part 3 will commence on 9 October 1994, pursuant to subsection 2(3) of the Act. (Subsection 2(3) provides that Part 3 will commence 6 months after Royal Assent. The Act received Royal Assent on 9 April 1994).

Regulation 3 is an interpretation provision.

Regulation 4 specifies States and Territories for the purpose of subsection 20(2) of the Act The effect is to apply Part 3 of the Act to certain proceedings in any court of New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory and the Northern Territory. The proceedings to which the Part applies are criminal proceedings for an offence against the law of specified States/Territories and related civil proceedings of a kind specified in the Schedule in relation to each State/Territory.