Commonwealth Numbered Acts

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FOREIGN EVIDENCE ACT 1994 No. 59 of 1994 - SECT 14

Use of that evidence in subsequent proceedings
14.(1) This section applies to a proceeding to which a direction, included in
an order under subsection 7(1) or 10(1), relates.

(2) Subject to subsection (3), the court before which the proceeding takes
place may, on such terms (if any) as it thinks fit, permit a party to the
proceeding to tender as evidence in the proceeding:

   (a)  a person's evidence taken in an examination held as a result of the
        order under subsection 7(1) or 10(1); or

   (b)  a record of that evidence.

(3) A person's evidence so tendered is not admissible if:

   (a)  it appears to the court's satisfaction at the hearing of the
        subsequent proceeding that the person is in Australia and is able to
        attend the hearing; or

   (b)  the evidence would not have been admissible had it been adduced at the
        hearing of the subsequent proceeding. 


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