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
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