Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1989 No. 11 of 1990 - SECT 33

33. After section 7W of the Principal Act the following sections are inserted:
Other proceedings

"7WA. (1) Where, under subsection 7W (1), a superior court makes an order in
relation to a committal proceeding, it may include in the order an order that
evidence taken outside Australia under the first-mentioned order may, subject
to this section, be tendered in a proceeding (in this section called a
'subsequent proceeding') that is:

   (a)  a criminal proceeding that results from the committal proceeding; or

   (b)  a related civil proceeding.

"(2) Where, under subsection 7V (1) or 7W (1), a superior court makes an order
in relation to a criminal proceeding (other than a committal proceeding), it
may include in the order an order that evidence taken outside Australia under
the first-mentioned order may, subject to this section, be tendered in a
proceeding (in this section called a 'subsequent proceeding') that is a
related civil proceeding.

"(3) Subject to subsection (4), where a superior court that made an order
under subsection 7V (1) or 7W (1) in relation to a committal proceeding, or a
criminal proceeding other than a committal proceeding, included in the order
an order under this section, the court before which a subsequent proceeding
takes place may, on such terms (if any) as it thinks fit, permit a party to
the subsequent proceeding to tender as evidence in the subsequent proceeding
the evidence of a person taken in an examination held as a result of the order
made under subsection 7V (1) or 7W (1) or a record of that evidence.

"(4) Evidence of a person 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 given or
        produced at the hearing of the subsequent proceeding.

"(5) Where it is in the interests of justice to do so, the court before which
the subsequent proceeding takes place may, in its discretion, exclude from the
subsequent proceeding evidence taken in an examination held as a result of an
order made under subsection 7V (1) or 7W (1), even if it is otherwise
admissible.

"(6) The powers vested in a court under subsection (1) or (2) may be exercised
in chambers.

"(7) In this section, unless the contrary intention appears:
'related civil proceedings', in relation to criminal proceedings, means any
civil proceedings arising from the same subject matter from which the criminal
proceedings arose, and, in particular, includes:

   (a)  proceedings under the Proceeds of Crime Act 1987;

   (b)  proceedings under the Customs Act 1901; and

   (c)  proceedings for the recovery of tax, or of any duty, levy or charge,
        payable to the Commonwealth. Variation or revocation of orders

"7WB. (1) A superior court may vary or revoke an order made by the court under
section 7V or 7W.

"(2) The power to vary an order made under section 7V or 7W includes the power
to:

   (a)  include in the order an order under section 7WA; or

   (b)  vary or revoke an order under section 7WA that is included in the
        first-mentioned order.

"(3) Where an order under section 7V or 7W that includes an order under
section 7WA is revoked, the order under section 7WA shall be taken to have
been revoked at the same time.".