Bills Digest no. 73 1976
Foreign Proceedings (Prohibition of Certain Evidence) Amendment
Bill 1976
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Summary
Contact Officer & Copyright Details
Passage History
Foreign Proceedings
(Prohibition of Certain Evidence) Amendment Bill
1976
Date introduced: 7 December
1976
House: House of Representatives
Purpose
The purpose of the Bill is to amend
the Foreign Proceedings (Prohibition of Certain Evidence)
Act 1976 to limit the operation of the Act and to provide for
parliamentary scrutiny of orders made by the Attorney-General.
Summary
Clause 3 amends section 3 of the Act
to exclude the Privy Council, when hearing appeals from Australian
courts, from the foreign tribunals in respect of which the
Attorney-General may make orders.
Clause 4 amends section 4 of the
Act
(a) by amending paragraph 4 (1) (a)
to limit the exercise of the Attorney-General s powers, where the
ground for exercising those powers is that a foreign tribunal is
exercising jurisdiction contrary to international law or comity, to
the making of orders relating to proceedings in that tribunal;
(b) by repealing sub-section 4 (2)
which provides that the validity of the exercise of the
Attorney-General s powers is not challengeable in any court;
(c) by inserting a new sub-section 4
(2) which provides a link between section 5 which gives the
Attorney-General power to make prohibition orders and section 4
which specifies the grounds on which those powers may be
exercised.
Clause 5 amends section 6 of the Act
to ensure that publication in the Gazette constitutes
service rather than being deemed to be service as in the existing
provision.
Clause 6 inserts a new section 6A
which. provides that section 48 of the Acts Interpretation Act
applies to orders made by the Attorney-General. The effect is that
orders must be tabled within fifteen sitting days after they are
made, will become void if they are not so tabled and may be
disallowed in the same manner as regulations.
Clause 8 provides that an Australian
court or tribunal cannot require a person to act in contravention
of an order made by the Attorney-General.
Law and Government Group
8 December 1976
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 2006
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