Foreign Evidence Act 1994

Subject to this section, foreign material may be adduced in a proceeding to which this Part applies.

The foreign material is not to be adduced as evidence if:

it appears to the court’s satisfaction at the hearing of the proceeding that the person who gave the testimony concerned is in Australia and is able to attend the hearing; or

the evidence would not have been admissible had it been adduced from the person at the hearing.

Paragraph (2)(b) does not apply if:

the foreign material is a business record; and

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.

For the purpose of determining whether foreign material is a business record, and may be adduced as evidence, the court may:

examine the foreign material; and

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.