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COMMONWEALTHAct
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s 22

Requirements for testimony

In force
Part 3Use of foreign material in criminal and related civil proceedings
Division 2Obtaining foreign material

22 Requirements for testimony

(1)

The testimony must have been taken:

(a)

on oath or affirmation; or

(aa)

under an obligation to tell the truth imposed, whether expressly or by implication, by or under a law of the foreign country concerned; or

(b)

under such caution or admonition as would be accepted, by courts in the foreign country concerned, for the purposes of giving testimony in proceedings before those courts.

(2)

The testimony must purport to be signed or certified by:

(a)

a judge, magistrate or officer in or of the foreign country concerned; or

(b)

a person who is authorised, by or under a law of the foreign country concerned, to:

(i)

administer an oath or affirmation; or

(ii)

impose an obligation on the person giving the testimony to tell the truth.

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