House debates

Thursday, 13 May 2010

Foreign Evidence Amendment Bill 2008

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

(1)    Schedule 1, item 8, page 4 (lines 8 to 12), omit the item.

(2)    Schedule 1, items 11 and 12, page 4 (line 18) to page 5 (line 13), omit the items, substitute:

11  At the end of section 24

Add:

        (3)    Paragraph (2)(b) does not apply if:

             (a)    the foreign material is a business record; and

             (b)    the only reason why the evidence would not have been admissible had it been adduced from the person at the hearing is that an Australian law relating to hearsay evidence (however described) would have applied to the evidence.

        (4)    For the purpose of determining whether foreign material is a business record, and may be adduced as evidence, the court may:

             (a)    examine the foreign material; and

             (b)    draw any reasonable inference from the form and contents of the foreign material as well as from any other matters from which inferences may properly be drawn.

(3)    Schedule 1, item 15, page 6 (line 3), omit “amendments made by items 7 and 8”, substitute “amendment made by item 7”.

(4)    Schedule 1, item 15, page 6 (line 4), omit “amendments made by items 7 and 8 of this Schedule apply”, substitute “amendment made by item 7 of this Schedule applies”.

(5)    Schedule 1, item 17, page 6 (lines 11 to 15), omit the item.

5:59 pm

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | | Hansard source

I move:

That the amendments be agreed to.

In order to facilitate the passage of the Foreign Evidence Amendment Bill 2008, I say that this is implementing the recommendations of the Senate Legal and Constitutional Affairs Committee and addresses the concerns that were raised by the stakeholders during the Senate committee processes. I commend the amendments to the House.

Question agreed to.