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FOREIGN EVIDENCE ACT 1994 - SECT 27C

Discretion to prevent material being adduced

  (1)   This section applies in relation to a terrorism - related proceeding described in an item of the following table if a person described in that item seeks to adduce foreign material or foreign government material in the proceeding.

 

Persons seeking to adduce material in proceedings

Item

Proceeding

Person seeking to adduce material

1

Criminal proceeding for a designated offence

Prosecutor

2

Proceeding under the Proceeds of Crime Act 2002 relating to a designated offence

The responsible authority under that Act in relation to the proceeding

3

Proceeding under Division   104 of the Criminal Code

A member of the Australian Federal Police or a special member (within the meaning of the Australian Federal Police Act 1979 )

  (2)   The court may direct that the material not be adduced as evidence in the proceeding if the court is satisfied that adducing the material would have a substantial adverse effect on the right of another party to the proceeding to receive a fair hearing.



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