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Foreign Evidence Act 1994

No. 59, 1994

Compilation No. 21

Compilation date: 14 September 2023

Includes amendments up to: Act No. 63, 2023

Registered: 16 September 2023

About this compilation

This compilation

This is a compilation of the Foreign Evidence Act 1994 that shows the text of the law as amended and in force on 14 September 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 References to evidence taken in an examination
5 External Territories
6 Act to bind Crown
Part 2—Examination of witnesses abroad
Division 1—Proceedings in superior courts
7 Orders for taking evidence abroad
8 Directions and requests relating to orders
9 Use of evidence taken in an examination
Division 2—Proceedings in the Federal Circuit and Family Court of Australia (Division 2) and inferior courts
9A Orders for taking evidence abroad—Federal Circuit and Family Court of Australia (Division 2)
10 Orders for taking evidence abroad—inferior courts
11 Orders for taking evidence abroad—family law matters
12 Use of evidence taken in an examination
Division 3—Subsequent proceedings
13 Directions for use in subsequent proceedings of evidence taken abroad
14 Use of that evidence in subsequent proceedings
Division 4—Miscellaneous
15 Discretion to exclude evidence
16 Variation or revocation of orders
17 Courts may exercise certain powers in chambers
18 Operation of other laws
19 Rules of court
Part