Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The following are admissible in a terrorism - related proceeding, subject to subsection (2) but despite any other Australian law about evidence:
(a) foreign material adduced under subsection 27A(1) in the proceeding;
(b) foreign government material adduced under subsection 27B(1) in the proceeding;
(c) the statement to which the foreign government material was annexed as described in paragraph 27B(1)(a);
(d) the certificate that accompanied the foreign government material as described in paragraph 27B(1)(b).
Exception to admissibility
(2) Foreign material or foreign government material is not admissible if the court is satisfied that the material, or information contained in the material, was obtained directly as a result of torture or duress.
(3) In subsection (2):
"duress" means a threat that:
(a) is made explicitly or implicitly to a person; and
(b) is a threat to imminently cause one or both of the following unless material or information is provided:
(i) death or serious injury of the person, a member of the person's family or a third party;
(ii) damage to, or loss by the person of, the person's significant assets; and
(c) is a threat to which a reasonable person would respond by providing the material or information.
"torture" means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:
(a) for the purpose of obtaining from the person or from a third person information or a confession; or
(b) for the purpose of punishing the person for an act that the person or a third person has committed or is suspected of having committed; or
(c) for the purpose of intimidating or coercing the person or a third person; or
(d) for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or
(e) for any reason based on discrimination that is inconsistent with the Articles of the International Covenant on Civil and Political Rights done at New York on 16 December 1966;
but does not include an act or omission arising only from, inherent in or incidental to lawful sanctions that are not inconsistent with the Articles of the Covenant.
Note: The International Covenant on Civil and Political Rights is in Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(4) If foreign government material is not admissible, neither of the following is admissible, so far as it relates to the inadmissible foreign government material:
(a) the statement described in paragraph (1)(c);
(b) the certificate described in paragraph (1)(d).