Commonwealth act

Foreign Evidence (Transitional Provisions and Consequential Amendments) Act 1994

In ForceCTH

Jurisdiction

Commonwealth

Act Number

43 of 1994

Collection

act

Plain English Summary

3/10 complexity

This transitional Act staggers commencement of the new Foreign Evidence Act, repeals specified older Evidence Act provisions but saves them for proceedings or hearings already under way, and gives the executive a proclamation power to fix timing for ACT courts. It doesn’t change substantive evidence rules but determines which regime applies when. Practically, it affects courts, litigants and lawyers who must verify applicable rules, may shift litigation timing, and bear the administrative and legal costs of those transitional questions.

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Current sections

Direct links to the current provisions in Foreign Evidence (Transitional Provisions and Consequential Amendments) Act 1994.

Foreign Evidence (Transitional Provisions and Consequential Amendments) Act 1994

Commonwealth Coat of Arms of Australia

Foreign Evidence (Transitional
Provisions and Consequential
Amendments) Act 1994

No. 43 of 1994

An Act to make transitional provisions and certain
amendments relating to the Foreign Evidence Act 1994

[Assented to 15 March 1994]

The Parliament of Australia enacts:

Short title

This Act may be cited as the Foreign Evidence (Transitional Provisions and Consequential Amendments) Act 1994.

Commencement

2.(1) Sections 1, 2 and 5 commence on the day on which this Act receives the Royal Assent.

(2) Sections 3, 4 and 6 commence on the day on which Parts 2 and 6 of the Foreign Evidence Act 1994 commence.

Repeal

Parts IIIB and IIIC of the Evidence Act 1905 are repealed.

Proceedings already begun

4.(1) Parts 2 and 6 of the Foreign Evidence Act 1994 do not apply in relation to proceedings that began before the commencement of this section.

(2) A provision of the Evidence Act 1905 that is repealed under section 3 of this Act continues to apply in relation to such proceedings.

Hearings already begun

5.(1) Part 3 of the Foreign Evidence Act 1994 does not apply in relation to proceedings the hearing of which began before the commencement of that Part.

(2) Part 4 of the Foreign Evidence Act 1994 does not apply in relation to proceedings the hearing of which began before the commencement of that Part.

(3) Part 5 of the Foreign Evidence Act 1994 does not apply in relation to proceedings the hearing of which began before the commencement of that Part.

Proceedings in courts of the Australian Capital Territory

Subsection 3(2) of the Foreign Evidence Act 1994 does not apply in relation to proceedings before a court of the Australian Capital Territory that began before the day fixed by Proclamation under that subsection.

View image in the official source

[Minister’s second reading speech made in—

Senate on 16 December 1993

House of Representatives on 2 March 1994]

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Foreign Evidence (Transitional Provisions and Consequential Amendments) Act 1994