Thursday, 13 May 2010
Foreign Evidence Amendment Bill 2008
Bill—by leave—taken as a whole.
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.
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.