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Foreign Evidence Amendment Bill 2008

11 March 2009

© Commonwealth of Australia 2009
ISBN 978-1-74229-066-9

View the report as a single document - (PDF 98KB)


View the report as separate downloadable parts:

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Members of the Committee (PDF 9KB)
 
Recommendations (PDF 6KB)
 
Chapter 1 - Introductions (PDF 11KB)

Summary of key amendments
Conduct of the inquiry
Acknowledgement
Note on references

 
Chapter 2 - Summary of Provisions (PDF 14KB)

Definitions
Application
Formalities concerning the taking of evidence
Methods of recording testimony
Adducing foreign evidence
Discretion to limit use of material

 
Chapter 3 - Key Issues (PDF 60KB)

Displacement of established legal principles
Introduction of a new presumption
Retrospective operation of certain provisions
Consultation and review
Committee view

 
Dissenting Comments by Liberal Senators (PDF 17KB)

Established legal principles and laws of evidence
Judicial discretions
Reversal of onus and prima facie admissibility
Prima facie admissibility
Retrospective provisions
Conclusion

 
Dissenting Comments by the Australian Greens (PDF 8KB)
 
Appendix 1 - Submissions received (PDF 6KB)
 
Appendix 2 - Witnesses who appeared before the Committee (PDF 5KB)

For further information, contact:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3560
Fax: +61 2 6277 5794
Email: legcon.sen@aph.gov.au

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