Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 46

    The Court or a Judge may, for the purposes of any proceeding before it or him or her:

  (a)   order the examination of a person upon oath or affirmation before the Court, a Judge, an officer of the Court or other person, at any place within Australia; or

  (b)   order that a commission issue to a person, either within or beyond Australia, authorizing him or her to take the testimony on oath or affirmation of a person;

and the Court or a Judge may:

  (c)   by the same or a subsequent order, give any necessary directions concerning the time, place and manner of the examination; and

  (d)   empower any party to the proceeding to give in evidence in the proceeding the testimony so taken on such terms (if any) as the Court or Judge directs.

Note:   Proceedings include incidental proceedings, such as discovery (see the definition of proceeding in section   4).