Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1989 No. 11 of 1990 - SECT 34

34. After Part IIIB of the Principal Act the following Part is inserted:

"PART IIIC - TAKING OF EVIDENCE FOR PROCEEDINGS IN FOREIGN COURTS
Interpretation

"7ZA. In this Part:
'Australia' includes the external Territories;
'authority' means any person or body authorised to take or receive evidence:

   (a)  whether on behalf of a court or otherwise; or

   (b)  whether or not the person or body is empowered to require the
        answering of questions or the production of documents;
'Federal Court' means the Federal Court of Australia;
'foreign court' means any court, or authority, of a foreign country or a part
of such a country. Application of Part

"7ZB. (1) This Part applies in relation to any proceedings before an
Australian court or authority that are proceedings:

   (a)  for the taking of evidence for use in proceedings instituted in or
        before a foreign court; and

   (b)  relating to a civil or commercial matter.

"(2) The power of the Attorney-General to make an order under section 7ZD may
only be exercised in relation to proceedings referred to in subsection (1).
Exercise of powers under this Part

"7ZC. The Attorney-General shall not exercise a power under this Part unless
he or she is satisfied that it is desirable that the power be exercised for
the purpose of preventing prejudice to Australia's security. Orders

"7ZD. (1) The Attorney-General may make a written order prohibiting one or
more of the following acts:

   (a)  the production of a document;

   (b)  the production of a thing;

   (c)  the giving of evidence or information, whether in relation to the
        contents of a document or otherwise.

"(2) An order under this section may:

   (a)  be directed to a particular person, to a class of persons or to
        persons generally;

   (b)  relate to particular proceedings, to a class of proceedings or to
        proceedings generally; and

   (c)  relate to a particular document, thing, evidence or information or to
        a class of documents, things, evidence or information. Copies etc. of
        documents

"7ZE. (1) Where the Attorney-General makes an order under section 7ZD that has
effect in relation to a document, the order also has effect in relation to any
copy, extract or summary of that document that is in Australia as if the copy,
extract or summary were the document.

"(2) Subsection (1) applies to a copy, extract or summary that is in existence
at any time while the order concerned remains in force. Intervention

"7ZF. (1) The Attorney-General may, on behalf of the Commonwealth, intervene
in proceedings to which this Part applies for the purpose of preventing a
contravention of an order made under section 7ZD.

"(2) Where the Attorney-General intervenes in proceedings before a court under
this section:

   (a)  a certificate by the Attorney-General stating that the doing of an act
        prohibited by an order made under section 7ZD would be prejudicial to
        Australia's security is conclusive evidence of that fact; and

   (b)  the court may, in the proceedings, make such order as to costs against
        the Commonwealth as the court thinks fit. Injunctions

"7ZG. Where:

   (a)  there is in force an order made under section 7ZD that prohibits the
        production of a document or thing or the giving of evidence or
        information; and

   (b)  the Federal Court is satisfied, on application by the
        Attorney-General, that there are reasonable grounds for believing that
        the person having possession or control of the document, thing,
        evidence or information might contravene the order; the Federal Court
        may grant an injunction restraining that person from dealing with the
        document, thing, evidence or information in a manner specified in the
        injunction or restraining that person from dealing with the document,
        thing, evidence or information except in a manner specified in the
        injunction."