Commonwealth Consolidated Acts

FOREIGN EVIDENCE ACT 1994 - SECT 27B

Adducing foreign government material

  (1)   Foreign government material may be adduced in a terrorism - related proceeding if the material is:

  (a)   annexed to a written statement by a senior AFP member that:

  (i)   is verified on oath or affirmation by the member; and

  (ii)   meets the requirements in subsection   (2); and

  (b)   accompanied by a certificate of the Attorney - General given under subsection   (3).

Note 1:   The court has a discretion to direct that foreign government material not be adduced if it would have a substantial adverse effect on the right of a party to the proceeding to receive a fair hearing (see section   27C).

Note 2:   Section   27D deals with admissibility of foreign government material adduced.

Content of statement by senior AFP member

  (2)   A statement by a senior AFP member for the purposes of paragraph   (1)(a) must:

  (a)   relate only to foreign government material annexed to the statement; and

  (b)   state what the material is; and

  (c)   state, to the best of the senior AFP member's knowledge:

  (i)   how the material, and any information contained in the material, was obtained by the first foreign authority to obtain or produce the material or information; and

  (ii)   each step in the process by which the material or information came from that foreign authority into the possession of the Australian Federal Police.

Attorney - General's certificate

  (3)   The Attorney - General may certify, in a form prescribed under subsection   (4), that he or she is satisfied that it was not practicable to obtain the foreign government material or the information in the foreign government material as foreign material.

  (4)   The Attorney - General may by legislative instrument prescribe a form for a certificate to be given under subsection   (3).

  (5)   A certificate given under subsection   (3) is not a legislative instrument.