EVIDENCE ACT 1929 - SECT 67AB

EVIDENCE ACT 1929 - SECT 67AB

67AB—Taking of evidence in this State by foreign authorities

        (1)         Subject to subsection (2) of this section, a foreign authority may—

            (a)         take evidence; and

            (b)         administer an oath or affirmation to any witness for the purpose of taking evidence,

in this State.

        (2)         Where—

            (a)         the foreign authority is not a court constituted of a person who holds judicial office under the laws of the place in which the court is established; or

            (b)         the evidence to be taken by the foreign authority relates to criminal proceedings,

it shall not be lawful for the foreign authority to take evidence, or to administer an oath or affirmation, in this State without the authority of the Attorney-General.

        (3)         In this section—

"foreign authority" means—

            (a)         a court established under the law of a place outside this State; or

            (b)         any body or person authorised under the law of a place outside this State to take evidence; or

            (c)         any person commissioned or otherwise authorised by any such court, body or person to act on its behalf in taking evidence in this State.