Senate debates

Thursday, 13 May 2010

Foreign Evidence Amendment Bill 2008

In Committee

Bill—by leave—taken as a whole.

1:20 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill. The memorandum was circulated in the chamber on 19 August 2009. In my overview I spoke effectively to the amendments, so I will not need to make any further comment. I seek leave to move the amendments together.

Leave granted.

I move government amendments (2), (3) and (4) on sheet AG202 together:

(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


        (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”.

We also oppose schedule 1 in the following terms:

(1)    Schedule 1, item 8, page 4 (lines 8 to 12), to be opposed.

(5)    Schedule 1, item 17, page 6 (lines 11 to 15), to be opposed.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party) Share this | | Hansard source

The question is that amendments (2), (3) and (4) on sheet AG202 be agreed to.

Question agreed to.

The Temporary Chairman:

The question is that schedule 1 stand as printed.

Question negatived.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.