Foreign Evidence (Application of Amendments) Regulations 2011
Select Legislative Instrument 2011 No. 168 as amended
made under the
Foreign Evidence Amendment Act 2010
This compilation was prepared on 12 December 2012
taking into account amendments up to SLI 2012 No. 281
Prepared by the Office of Parliamentary Counsel, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 Application of amendments to State and Territory court proceedings
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Foreign Evidence (Application of Amendments) Regulations 2011.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Definitions
In these Regulations:
Act means the Foreign Evidence Amendment Act 2010.
commencement day means the day on which these Regulations commence.
4 Application of amendments to State and Territory court proceedings
(1) This regulation applies to a proceeding:
(a) in a court of:
(i) Western Australia; or
(ii) South Australia; or
(iii) Tasmania; or
(iv) the Australian Capital Territory; or
(v) the Northern Territory; and
(b) to which subsection 20 (2) of the Foreign Evidence Act 1994 applies; and
(c) that commenced on or after the commencement day.
(2) For subitem 19 (2) of Schedule 1 to the Act, the amendments made to the Foreign Evidence Act 1994 by Schedule 1 to the Act apply to the proceeding.
Notes to the Foreign Evidence (Application of Amendments) Regulations 2011
Note 1
The Foreign Evidence (Application of Amendments) Regulations 2011 (in force under the Foreign Evidence Amendment Act 2010) as shown in this compilation comprise Select Legislative Instrument 2011 No. 168 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2011 No. 168 | 16 Sept 2011 (see F2011L01911) | 17 Sept 2011 | |
2012 No. 281 | 11 Dec 2012 (see F2012L02390) | 12 Dec 2012 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | am. 2012 No. 281 |
|
Overview
The Foreign Evidence (Application of Amendments) Regulations 2011, made under the Foreign Evidence Amendment Act 2010, were introduced to address the need for uniformity and clarity in the application of foreign evidence in Australian courts. This legislative instrument was enacted by the Parliament of Australia and aims to ensure that amendments to the Foreign Evidence Act 1994 are consistently applied across various state and territory courts, enhancing the legal framework for handling foreign evidence. These regulations apply to proceedings in specific Australian jurisdictions and those that commenced on or after the regulations' commencement date, thereby providing a streamlined approach to the application of foreign evidence in these courts.
Scope and Application
The Foreign Evidence (Application of Amendments) Regulations 2011, made under the Foreign Evidence Amendment Act 2010, apply to specific proceedings in the courts of Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. These regulations are designed to ensure that amendments made to the Foreign Evidence Act 1994 are applied to proceedings that commenced on or after the regulations' commencement date. Notably, the regulations apply to proceedings that are subject to subsection 20(2) of the Foreign Evidence Act 1994. The application of these amendments to state and territory court proceedings is outlined in the regulations, with specific reference to the Foreign Evidence Amendment Act 2010. These regulations are integral to ensuring that any amendments to the Foreign Evidence Act 1994 are appropriately reflected in relevant court proceedings within the specified jurisdictions, thereby maintaining consistency and compliance with the legislative framework.
Key Provisions
The Foreign Evidence (Application of Amendments) Regulations 2011, made under the Foreign Evidence Amendment Act 2010, specify how amendments to the Foreign Evidence Act 1994 apply to proceedings in certain Australian jurisdictions. Regulation 4, in particular, details the application of these amendments to proceedings in specific states and territories, namely Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. This application is limited to proceedings that commenced on or after the commencement day of the regulations and to which subsection 20(2) of the Foreign Evidence Act 1994 applies.
The obligations imposed by these regulations include ensuring that the amendments made to the Foreign Evidence Act 1994 by the Foreign Evidence Amendment Act 2010 are correctly applied to the specified proceedings. For instance, subitem 19(2) of Schedule 1 to the Foreign Evidence Amendment Act 2010 is referenced in Regulation 4, indicating that these specific amendments must be incorporated into the ongoing proceedings in the mentioned jurisdictions.
Failing to comply with these regulations can result in legal consequences. Although the specific offences and penalties are not detailed within the regulations themselves, breaches of regulations made under the Foreign Evidence Amendment Act 2010 could potentially incur penalties as prescribed by the primary Act or other relevant legislation. The Foreign Evidence Act 1994, for instance, may outline the types of penalties applicable for non-compliance, which could include fines or other civil sanctions. It is important for practitioners to refer to the primary Act and related legislation to fully understand the potential consequences of non-compliance.