Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p16
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 16/27)
Character Range: 38469–41237

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7v or 7w that includes an order under section 7wa is revoked, the order under section 7wa shall be taken to have been revoked at the same time.".

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