Commonwealth Consolidated Acts

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FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 - SECT 3

Interpretation

  (1)   In this Act, unless the contrary intention appears:

"antitrust law" means any law of a kind commonly known as an antitrust law and includes any law having as its purpose, or as its dominant purpose, the preservation of competition between manufacturing, commercial or other business enterprises or the prevention or repression of monopolies or restrictive practices in trade or commerce.

"Australia" when used in a geographical sense, includes the external Territories.

"authority" includes:

  (a)   a court or a grand jury; and

  (b)   any officer, examiner, investigator or other person authorized:

  (i)   to take or receive evidence, whether on behalf of a court or otherwise; or

  (ii)   to require the answering of questions or the production of documents.

"Court" means the Federal Court of Australia.

"foreign authority" means an authority of a country other than Australia .

"foreign court" means any court, or prescribed authority, of a country other than Australia or a part of such a country.

"judgment" includes a decree or order.

  (2)   A reference in this Act to a judgment being given is, in relation to a judgment that is a decree or order, a reference to the decree or order being made.

  (3)   A reference in this Act to proceedings in which multiple damages may be awarded is a reference to proceedings in which judgment may be given for an amount calculated by doubling, trebling or otherwise multiplying the amount assessed by the court as the amount that would compensate the person who instituted the proceedings for the loss or damage in respect of which the proceedings were instituted, and a reference in this Act to a judgment for multiple damages is a reference to a judgment for an amount that is so calculated.

  (4)   For the purposes of this Act, the question whether a corporation is related to another corporation shall be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001 .



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