EVIDENCE ACT 1906 - SECT 104A

EVIDENCE ACT 1906 - SECT 104A

104A .         Person appointed by foreign court etc. may take or receive evidence and administer oath

        (1)         Where an authority desires to take or receive evidence in the State, the authority may by instrument in writing appoint a person to so take or so receive evidence.

        (2)         Subject to subsection (3), a person appointed pursuant to subsection (1) has power to take or receive evidence in the State for the authority and for that purpose has power to administer an oath.

        (3)         Where the authority is not a court or judge a person so appointed is not empowered to take or receive evidence or administer an oath in the State unless he has first obtained the consent in writing of the Attorney General.

        (4)         This section does not authorise the taking or receiving of evidence by a person so appointed in or for use in criminal proceedings.

        (5)         In this section authority means any court, judge, person or body that is authorised under the law of a foreign country to take or receive evidence on oath in that country.

        [Section 104A inserted: No. 23 of 1967 s. 2.]