Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p20
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 20/24)
Character Range: 150355–153054

and
    (b) arrangements have been made between Australia and another country in relation to the taking of evidence in that country by the Commission,
the Commission may, in that other country, subject to any provision of the arrangements and to the laws of that other country, administer an oath or affirmation to any person appearing as a witness before the Commission and take evidence given by that witness on oath or affirmation, and any evidence taken in that country by the Commission in accordance with those arrangements may be used by the Commission in Australia for the purpose of the performance of any function, or the exercise of any power, under the commission.

Statements made by witness not admissible in evidence against him
"7c. A statement or disclosure made by any witness in the course of giving evidence, being evidence that is taken as mentioned in section 7a or 7b, is not (except in proceedings for an offence against this Act) admissible in evidence against that witness in any civil or criminal proceedings in any court of the Commonwealth, of a State or of a Territory.".

Evidence of issue of Commission, &c.
204. Section 16 of the Principal Act is amended by adding at the end thereof the following sub-sections:
"(2) In all legal proceedings—
    (a) a certificate signed by the Minister for Foreign Affairs, stating that arrangements have been made between Australia and a country specified in the certificate in relation to the receiving of evidence in that country by the person or persons to whom a commission has, by Letters Patent, been issued under section 1a, is evidence that those arrangements have been so made; and
    (b) a certificate signed by the Minister for Foreign Affairs, stating that arrangements have been made between Australia and a country specified in the certificate in relation to the performance of functions, and the exercise of powers, by a person or persons specified in the certificate, under an authority to inquire into particular matters granted by, or issued under, the law of another country, is evidence that those arrangements have been so made.
"(3) A certificate signed by the Attorney-General stating that, in his opinion—

    (a) the matters specified in a law of another country by which an authority to inquire into, and take evidence in relation to, those matters is granted to a person, being a law referred to in the certificate; or
    (b) the matters specified in an instrument by which an authority to inquire into, and take evidence in relation to, those matters is issued under the law of another country, being an authority referred to in the certificate,
are the same or substantially the same as the matters