Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part · General
13. Admissibility of evidence
Official textFrom Attorney General's Chambers, unchanged
A statement contained in a document, duly authenticated, which purports -
to set out or summarise evidence given in proceedings in a court in a reciprocating country;
to set out or sumrnarise evidence taken in such a country for the purpose of proceedings in a court in Brunei Darussalam under this
Act, whether in response to a request made by such a court or otherwise; or
to have been received in evidence in proceedings in a court in such a country or to be a copy of a document so received, shall in any proceedings in a court in Brunei Darussalam relating to a maintenance order to which this Act applies be admissible as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings.
A document purporting to set out or summarise evidence given as mentioned in subsection (l)(a), or taken as mentioned in subsection (l)(b), is deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by the judge, magistrate or other person
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before whom the evidence was given, to be the original document containing or surnmarising that evidence or a true copy of that document.
A document purporting to have been received in evidence as mentioned in subsection (l)(c), or to be a copy of a document so received, is deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by a judge, magistrate or an officer of the court in question to be a true copy of a document which has been so received.
court
"court" includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order; B. L. R.O. 1;2021 Maintenance Orders 6 Reciprocal Enforcemen1
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It shall not be necessary in any such proceedings to prove the signature or official position of the person appearing to have given such a certificate.
Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.
Terms defined in s 2
court
Defined · s 2"court" includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order; B. L. R.O. 1;2021 Maintenance Orders 6 Reciprocal Enforcemen1
maintenance order
Defined · s 2"maintenance order" means an order (however described) of the following descriptions - (a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the periodical payment of sums of money towards the maintenance of any person, being a person to whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain; and (b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth or. where the child had died, of his funeral expenses, and in the case of a maintenance order which has been varied, means that order as varied;
reciprocating country
Defined · s 2"reciprocating country" has the meaning assigned to it by section 17;