{"id":"F2017L00643","name":"Foreign Evidence (Certificate to Adduce Foreign Government Material- Prescribed Form) 2015","slug":"foreign-evidence-certificate-to-adduce-foreign-government-material-prescribed-form-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96415,"registerId":"commonwealth-F2017L00643-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Foreign Evidence (Certificate to Adduce Foreign Government Material- Prescribed Form) 2015","content":"![Commonwealth Coat of Arms](image.001.png)\n\nForeign Evidence (Certificate to Adduce Foreign Government Material\\- Prescribed Form) 2015\n\nForeign Evidence Act 1994\n\nI, George Brandis QC, Attorney-General, acting under subsection 27B(4) of the Foreign Evidence Act 1994 (the Act), prescribe the form in Schedule 1 to this instrument as the form for a certificate to be given under subsection 27B(3) of the Act.\n\nThis instrument commences on the day after it is registered.\n\nDated 23 January 2015\n\nGEORGE BRANDIS QC\n\nAttorney-General\n\nSchedule 1 Certificate under section 27B\n\nCommonwealth of Australia\n\nForeign Evidence Act 1994\n\nI, (name), Attorney-General, certify that I am satisfied that it was not practicable to obtain the \\*foreign government material/\\*information in the foreign government material which is annexed to this certificate in accordance with the processes for ‘foreign material’ as defined in subsection 3(1) of the Foreign Evidence Act 1994.\n\n\\*Omit if not applicable.\n\nDated\n\nAttorney-General\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not change the substantive scope of the Foreign Evidence Act. It merely prescribes the wording and form of the certificate required under s27B(3)–(4); thresholds, definitions and decision-making powers in the Act remain unchanged."},"complexity_factors":["Instrument only prescribes a single documentary form (Schedule 1) rather than creating new offences, powers or procedures.","Relies on existing substantive test and discretions in the Foreign Evidence Act (s27B); does not alter statutory thresholds.","Key practical ambiguity is the factual test 'not practicable' — resolution depends on case-by-case factual inquiry and possible judicial interpretation.","Decision-maker concentration: discretion vested in the Attorney‑General (s27B(4)), creating a single-point administrative decision and potential for litigation over that exercise.","Evidentiary effect: once signed, courts may admit foreign government material on the basis of the certificate, shifting procedural burden to applicants to secure the certificate.","Low administrative complexity overall but potential for occasional high-stakes litigation challenging sufficiency of the certificate or the underlying factual basis."],"plain_english_summary":"**This instrument prescribes the official form (Schedule 1) for the certificate the Attorney‑General may sign under s27B of the Foreign Evidence Act 1994 to allow ‘foreign government material’ to be adduced in Australian proceedings when it was ‘not practicable’ to obtain it by the Act’s normal processes (s27B(3),(4)).** It affects litigants, courts and the Attorney‑General: the Attorney‑General decides and signs the certificate; courts treat that certificate as the basis to admit the material; parties must seek the certificate when usual channels are impractical."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: prescribing a form for a certificate under section 27B of the Foreign Evidence Act 1994. It has not expanded beyond this original purpose."},"complexity_factors":["Single section instrument with no defined terms","No cross-references beyond a single reference to the enabling Act (Foreign Evidence Act 1994)","No conditional logic or exceptions","Consists entirely of a prescribed form template with one optional field (asterisked 'omit if not applicable')","Total length: approximately 200 words excluding the form itself","No substantive legal rules—purely administrative/formal"],"plain_english_summary":"This instrument prescribes the exact wording and format of the Attorney‑General’s certificate under s.27B of the Foreign Evidence Act 1994, which permits foreign-government material to be used in Australian criminal trials when it was not practicable to follow normal overseas-evidence procedures.\n\nIt affects prosecutors, defendants, the Attorney‑General and courts; it matters because it standardises a key shortcut for admitting overseas evidence in serious transnational cases while promoting consistency and transparency."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-evidence-certificate-to-adduce-foreign-government-material-prescribed-form-2015","history":"/api/acts/foreign-evidence-certificate-to-adduce-foreign-government-material-prescribed-form-2015/history","analysis":"/api/acts/foreign-evidence-certificate-to-adduce-foreign-government-material-prescribed-form-2015/analysis","conflicts":"/api/acts/foreign-evidence-certificate-to-adduce-foreign-government-material-prescribed-form-2015/conflicts","importantCases":"/api/acts/foreign-evidence-certificate-to-adduce-foreign-government-material-prescribed-form-2015/important-cases","documents":"/api/acts/foreign-evidence-certificate-to-adduce-foreign-government-material-prescribed-form-2015/documents"}}