Foreign Evidence Act 1994
No. 59, 1994
Compilation No. 22
Compilation date: 8 November 2025
Includes amendments: Act No. 60, 2025
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 8 November 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 3—Use of foreign material in criminal and related civil proceedings
Division 1—Preliminary
20 Proceedings to which this Part applies
Division 2—Obtaining foreign material
21 Requests for foreign…
Overview
The Foreign Evidence Act 1994 was enacted to address the challenges associated with obtaining evidence from overseas witnesses and authorities in Australian legal proceedings. The Act enables Australian courts to order the examination of witnesses abroad and the use of foreign evidence in various types of legal proceedings. This includes criminal, civil, and terrorism-related cases, as well as specific provisions for family law matters. The policy objective of the Act is to facilitate the efficient and lawful acquisition of foreign evidence, ensuring that it is admissible and reliable, while also safeguarding the rights of the parties involved. The Act was enacted by the Commonwealth Parliament and has since been amended multiple times to adapt to evolving legal and international contexts.
Scope and Application
The Foreign Evidence Act 1994 is a comprehensive piece of Australian legislation designed to facilitate the collection and admissibility of evidence from overseas jurisdictions in Australian courts. This Act applies to various entities and proceedings, including superior courts, the Federal Circuit and Family Court of Australia, inferior courts, and specific civil and criminal proceedings. It also governs the use of foreign material in terrorism-related proceedings, certain civil proceedings, and the authentication of foreign public documents. The Act extends to each external territory of Australia and binds the Crown in all its capacities. The Act includes provisions for taking evidence abroad, the use of foreign material in criminal and related civil proceedings, and the admissibility of foreign material in terrorism-related proceedings, among other things. It allows for the exclusion of evidence obtained under this Act if it would be unfair or prejudicial. The Act has been subject to several amendments to address various legislative changes and enhance its application and effectiveness.
Key Provisions
- The Foreign Evidence Act 1994 governs the examination of witnesses abroad and the use of foreign material in Australian courts. Section 7 allows a superior court to order the examination of a person outside Australia if it is in the interests of justice. Section 8 permits the court to give directions regarding the examination, and Section 9 allows the court to permit the tendering of evidence taken in such examinations, provided the person is not in Australia and the evidence would have been admissible. Sections 9A to 12 extend these provisions to the Federal Circuit and Family Court of Australia, inferior courts, and family law matters. Section 13 allows for the use of such evidence in subsequent proceedings, and Section 14 governs the admissibility of such evidence. Section 15 gives the court discretion to exclude evidence obtained under this Act if it is in the interests of justice. Sections 21 to 25 cover the use of foreign material in criminal and related civil proceedings, with Sections 27A to 27E addressing the use of foreign material and foreign government material in terrorism-related proceedings. Sections 29 to 35 deal with the use of foreign material and records of foreign business authorities in certain civil proceedings. Part 5 addresses the authentication of foreign public documents under the Hague Convention. Part 6 allows the Attorney-General to take evidence for proceedings in foreign courts. Offences and penalties for breaches of the Act are not explicitly stated, but non-compliance with court orders or misuse of evidence could lead to civil or criminal consequences under other relevant laws.
- Area of Law
- Evidence Law
- International Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Regulatory Standards
- Offence Provisions