Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6850

    (1)     A person cannot be compelled under an order under rule 6843 (Order relating to taking evidence for Australian or foreign court or tribunal) to give any evidence that the person could not be compelled to give in a similar proceeding in—

        (a)     the ACT; or

        (b)     the place where the requesting court exercises jurisdiction.

    (2)     Subrule (1) (b) does not apply unless the person's claim to be exempt from giving evidence is—

        (a)     supported by a statement contained in the request (whether it is supported unconditionally or subject to conditions that are fulfilled); or

        (b)     conceded by the applicant for the order.

    (3)     If the claim is not supported or conceded, the person may be required to give the evidence to which the claim relates, but that evidence must not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.

    (4)     In this rule:

"giving evidence" includes—

        (a)     producing a document; and

        (b)     answering a question.