s 43 Overseas documents admissible in evidence if duly authenticated
43.—(1) Despite anything to the contrary in the Evidence Act 1893, in any proceedings under this Act —(a) a document, duly authenticated, that purports to set out testimony given on oath, or declared or affirmed to be true, by a person in a foreign State or declared Commonwealth territory is admissible as evidence of the matters stated in the testimony; (b) a document, duly authenticated, that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory is admissible in evidence; (c) a document, duly authenticated, that certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, a foreign State or declared Commonwealth territory is admissible as evidence of the fact and date of the conviction; and (d) a document, duly authenticated, that purports to be an overseas warrant or a foreign warrant is admissible in evidence. (2) A document is deemed to be duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if —(a) in the case of a document that purports to set out testimony given on oath, declared or affirmed by a person in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to be the original document containing or recording that testimony or a true copy of that original document; (b) in the case of a document that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to have been, or to be a true copy of a document that has been, so received in evidence; (c) in the case of a document that certifies that a person has been convicted in a foreign State or declared Commonwealth territory of an offence — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory; or (d) in the case of a document that purports to be an overseas warrant or a foreign warrant — the document purports to be signed by a Judge, Magistrate or officer in or of the State or territory in which the document was issued, and the certification or signature of the Judge, Magistrate or officer purports to be authenticated by the oath, declaration or affirmation of a witness, or the document purports to be sealed with an official seal or public seal, or stamped with an official stamp, of that State or territory, or of a Minister, a department or an official of the government, of that State or territory. [Act 17 of 2022 wef 01/07/2022] [Act 42 of 2024 wef 28/03/2025]