Document ID: chunk:federal_register_of_legislation:C2024C00842:section:16
Version: federal_register_of_legislation:C2024C00842
Segment Type: section
Provision Reference: s 16
Character Range: 85925–88443

16  Evidence of issue of Commission etc.
 (1) In all legal proceedings the production:
 (a) of a document purporting to be Letters Patent in the name of the Sovereign, and purporting to be signed by the Governor‑General and to be sealed with the seal of the Commonwealth, and purporting to be directed to any person or persons and to appoint the person or persons to be a Commissioner or Commissioners to make inquiry into any matter, or to authorise or require the person or persons to make inquiry into any matter, or
 (b) of a document purporting to be a copy of any such Letters Patent and certified in writing by the person named therein as President or Chair of the Commission or sole Commissioner, as the case may be, to be a true copy of the Letters Patent;
shall be evidence that the Governor‑General has issued the Commission.
 (2) In all legal proceedings:
 (a) a certificate signed by the Foreign Affairs Minister, 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 Foreign Affairs Minister, 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 or her 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 specified in the Letters Patent by which a commission referred to in the certificate has been issued under section 1A, or are significantly related to those last‑mentioned matters, is evidence that the Attorney‑General is of that opinion.