Commonwealth Numbered Acts

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FOREIGN EVIDENCE ACT 1994 No. 59 of 1994 - SECT 9

Use of evidence taken in an examination
9.(1) Subject to subsection (2), the court 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 an
        order under subsection 7(1); or

   (b)  a record of that evidence.

(2) Evidence of a person so tendered is not admissible if:

   (a)  it appears to the court's satisfaction at the hearing of the
        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. 


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