1Foreign Proceedings (Prohibition of Certain Evidence) Act 1976

FOREIGN PROCEEDINGS (PROHIBITION OF CERTAIN EVIDENCE) ACT 1976

No. 121 of 1976

An Act to make provision for Preventing the Production of Certain Documents, and the giving of Certain Evidence, for the purposes of Proceedings in Foreign Courts.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976.

Commencement.

2. This Act shall come into operation on the day on which it receives that Royal Assent.

Definitions.

3. In this Act, unless the contrary intention appears—

“document” includes any writing and also includes any disc, tape or device on which information is recorded or stored, whether originally or by way of a copy;

“foreign tribunal” means any tribunal of a country outside Australia or a part of such a country;

“tribunal” includes a court or a grand jury and also includes any authority, officer, examiner or person having authority to take or receive evidence, whether on behalf of a court or otherwise.

Exercise of powers.

4. (1) The Attorney-General shall exercise his powers under this Act so as to impose restrictions only where he is satisfied that—

(a) a foreign tribunal is exercising or proposing or likely to exercise jurisdiction or powers of a kind or in a manner not consistent with international law or comity in proceedings having a relevance to matters to which the laws or executive powers of the Commonwealth relate; or

(b) the imposition of the restrictions is desirable for the purpose of protecting the national interest in relation to matters to which the laws or executive powers of the Commonwealth relate.

(2) The validity of any exercise, or refusal of the exercise, of any power of the Attorney-General under this Act is not affected by, and shall not be subject to challenge in any court by reason of, any failure to comply with the provisions of this section.

Orders.

5. (1) The Attorney-General may, by order in writing, prohibit, except with his consent in writing or as otherwise permitted by the order—

(a) the production in, or for the purposes of, a foreign tribunal of documents that, at the time of the making of the order or at any time while the order remains in force, are in Australia;

(b) the doing of any act in Australia, in relation to documents that, at the time of the making of the order or at any time while the order remains in force, are in Australia, with the intention that the act will result, or where there is reason to believe that the act will, or is likely to, result, in the documents, or evidence of the contents of the documents, being produced or given in, or for the purposes of, a foreign tribunal;