Foreign Evidence (Foreign Material Criminal and Related Civil Proceedings) Regulations 1994 (Cth)

Foreign Evidence (Foreign Material — Criminal and Related Civil Proceedings) Regulations 1994

Statutory Rules 1994 No. 333 as amended

made under the

Foreign Evidence Act 1994

This compilation was prepared on 19 April 2004

taking into account amendments up to SR 2004 No. 63

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

 These Regulations are the Foreign Evidence (Foreign Material — Criminal and Related Civil Proceedings) Regulations 1994.

2Commencement [see Note 1]

These Regulations commence on the day on which Part 3 of the Foreign Evidence Act 1994 commences.

3Interpretation

In these Regulations:

the Act means the Foreign Evidence Act 1994.

4Application of Part 3 of the Act to proceedings in a court of a State or Territory

• (1)

  For the purposes of subsection 20 (2) of the Act, the following States and Territories are specified:

  • (a)

    New South Wales;

  • (b)

    Victoria;

  • (c)

    Queensland;

  • (d)

    South Australia;

  • (e)

    Western Australia;

  • (f)

    Tasmania;

  • (g)

    the Australian Capital Territory;

  • (h)

    the Northern Territory.

• (2)

  For the purposes of paragraph 20 (2) (b) of the Act, a related civil proceeding of a kind described in column 3 of an item in the Schedule is specified in respect of the State or Territory referred to in column 2 of that item.

Schedule

(subregulation 4 (2))

  

Related civil proceedings

Column 1 Item no.	Column 2 State or Territory	Column 3 Related civil proceedings
1.	New South Wales	A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Confiscation of Proceeds of Crime Act 1989 of the State of New South Wales; or (b) a proceeding under the Drug Trafficking (Civil Proceedings) Act 1990 of that State.
2.	Victoria	A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Crimes (Confiscation of Profits) Act 1986 of the State of Victoria; or (b) a proceeding under the Criminal Injuries Compensation Act 1983 of that State; or (c) a proceeding for the recovery of a tax, duty, levy or charge payable to that State; or (d)a proceeding under a law of that State for the recovery of compensation payable, in respect of an offence against such a law, to that State or to a person in respect of whom the offence was committed.
3.	Queensland	A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Drugs Misuse Act 1986 of the State of Queensland; or (b) a proceeding under the Crimes (Confiscation of Profits) Act 1989 of that State.
4.	South Australia	A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Criminal Injuries Compensation Act 1978 of the State of South Australia; or (b) a proceeding under the Crimes (Confiscation of Profits) Act 1986 of that State; or (c) a proceeding for the recovery of a tax, duty, levy or charge payable to that State; or (d) a proceeding under a law of that State for the recovery of compensation payable, in respect of an offence against such a law, to that State or to a person in respect of whom the offence was committed.
5.	Western Australia	A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Misuse of Drugs Act 1981 of the State of Western Australia; or (b) a proceeding under the Crimes (Confiscation of Profits) Act 1988 (WA), as in force immediately before 1 January 2001, or under the Criminal Property Confiscation Act 2000 (WA); or (c) a proceeding for the recovery of a tax, duty, levy or charge payable to that State; or (d) a proceeding under a law of that State for the recovery of compensation payable, in respect of an offence against such a law, to that State or to a person in respect of whom the offence was committed.
6.	Tasmania	A related civil proceeding of any kind, including, in particular, a proceeding under the Crimes (Confiscation of Profits) Act 1993 of the State of Tasmania.
7.	Australian Capital Territory	A related civil proceeding of any kind, including, in particular: (a) a proceeding under the Criminal Injuries Compensation Act 1983 of the Australian Capital Territory; or (b) a proceeding under an enactment that is defined as a tax law in section 3 of the Taxation Administration Act 1987 of that Territory; or (c) a proceeding under the Drugs of Dependence Act 1989 of that Territory; or (d) a proceeding under the Proceeds of Crime Act 1991 of that Territory.
8.	Northern Territory	A related civil proceeding of any kind, including, in particular, a proceeding under the Unlawful Betting Act 1989 of the Northern Territory.

Notes to the Foreign Evidence (Foreign Material — Criminal and Related Civil Proceedings) Regulations 1994

Note 1

The Foreign Evidence (Foreign Material — Criminal and Related Civil Proceedings) Regulations 1994 (in force under the Foreign Evidence Act 1994) as shown in this compilation comprise Statutory Rules 1994 No. 333 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1994 No. 333	7 Oct 1994	(a)
2004 No. 63	19 Apr 2004	19 Apr 2004	—

(a)Regulation 2 provides as follows:

These Regulations commence on the day on which Part 3 of the Foreign Evidence Act 1994 commences.

Part 3 of the Foreign Evidence Act 199 4 commenced on 9 October 1994.

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 2004 No. 63
Schedule
Schedule................................	am. 2004 No. 63