Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Repeal of the Evidence and Procedure (New Zealand) Act 1994
Evidence and Procedure (New Zealand) Act 1994
1 The whole of the Act
Repeal the Act.
2 Saving
(1) This item applies despite the repeal of the Evidence and Procedure (New Zealand) Act 1994 ( the EPNZA ) made by this Schedule.
(2) If, before commencement, a court gave leave under section 9 of the EPNZA for a subpoena to be served in New Zealand, then t he EPNZA , as in force immediately before commencement, continues to apply on and after commencement in r elation to the subpoena.
(3) If, before commencem ent, a court directed under section 25 of the EPNZA that:
(a) evidence be taken ; or
(b) submissions be made ;
by video link or telephone from New Zealand , then the EPNZA , as in force immediately before commencement, continues to apply on and after commen cement in relation to the taking of that evidence or the making of those submissions.
(4) Section 47 of the EPNZA (which deals with the application of the Foreign Judgments Act 1991 ), as in force immediately before commencement, continues to apply on and after commencement in relation to a judgment given before commencement.
(5) Regulations made under section 49 of the EPNZA , as in force immediately before commencement, continue to apply on and after commencement in relation to:
(a) a subpoena to which subitem ( 2) applies; or
(b) the taking of evidence, or making of submissions, to which subitem ( 3) applies.
Part 2 -- A mendment of the Federal Court of Australia Act 1976
Federal Court of Australia Act 1976
3 Paragraph 32A(4) (b)
Omit " Australian proceeding within the meaning of Part IIIA " , substitute " Australian market proceeding within the meaning of the Trans - Tasman Proceedings Act 20 10 " .
4 Part IIIA
Repeal the Part.
5 Subsection 47A(5) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
6 Subsection 47B(3) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
7 Section 47G
Omit " the Evidence and Procedure (New Zealand) Act 1994 " , substitute " the Trans - Tasman Proceedings Act 20 10 " .
8 Paragraphs 59(2)(y), ( za ), ( zb ), ( zc ), ( zd ) and ( ze )
Repeal the paragraphs, substitute:
(y) the Court ' s sittings in New Zealand under Part 8 of the Trans - Tasman Proceedings Act 20 10 ; and
( za ) the enforcem ent of orders under subsection 85(5) of the Trans - Tasman Proceedings Act 20 10 ; and
( zb ) the registration and enforcement, and the setting aside of the registration, of judgments under Part 7 of the Trans - Tasman Proceedings Act 20 10 ; and
( zc ) the transmission of documents to the High Court of New Zealand; and
( zd ) taking evidence under section 89 of the Trans - Tasman Proceedings Act 20 10 ; and
( ze ) the exercise in Chambers of the Court ' s jurisdiction under Part 8 of the Trans - Tasman Proceedings Act 20 10 ; and
9 Saving
(1) Despite the repeal of Part IIIA of the Federal Court of Australia Act 1976 made b y this Schedule, Part IIIA of that Act, as in force immediately before commencement, continues to apply on and after commencement in relation to a proceeding commenced before commencement.
(2) Despite subitem ( 1), Division 5 of Part IIIA of the Federal Court of Australia Act 1976 does not apply on and after commencement in relation to a judgment given on or after commencement.
(3) Despite the amendments made to paragraphs 59(2)(y), ( za ), ( zb ), ( zc ), ( zd ) and ( ze ) of the Federal Court of Australia Act 1976 by this Schedule , Rules of Court made for the purposes of those paragraphs continue to apply on and after commencement in relation to a proceeding commenced before commencement .
(4) Regulations made under section 60 of the Federal Court of Australia Act 1976 for the purposes of Part IIIA of that Act continue to apply on and after commencement in relation to a proceeding commenced before commencement.
Defence Force Discipline Act 1982
10 Subsection 148A(5) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
11 Subsection 148B(3) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
12 Section 148F
Omit " the Evidence and Procedure (New Zealand) Act 1994 " , substitute " the Trans - Tasman Proceedings Act 20 10 " .
13 Subsection 102C(5) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
14 Subsection 102D(3) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
15 Subsection 102E(3) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
16 Section 102L
Omit " the Evidence and Procedure (New Zealand) Act 1994 " , substitute " the Trans - Tasman Proceedings Act 20 10 " .
17 Subsection 66(5) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
18 Subsection 67(3) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
19 Subsection 68(3) (note)
Repeal the note, substitute:
Note: See Part 6 of the Trans - Tasman Proceedings Act 20 10 .
20 Section 73
Omit " the Evidence and Procedure (New Zealand) Act 1994 " , substitute " the Trans - Tasman Proceedings Act 20 10 " .
21 Paragraph 5(8)(d)
Omit " New Zealand or " .
22 Subsection 5(10)
Repeal the subsection, substitute:
(10) This Part does not apply to a judgment given by a court of New Zealand.
Note: For the enforcement in Australia of judgments given by courts of New Zealand, see Part 7 of the Trans - Tasman Proceedings Act 20 10 .
23 Saving
Despite the amendments made to paragraph 5 (8)(d) and subsection 5 (10) of the Foreign Judgments Act 1991 by this Sche dule, those provisions , as in force immediately before commencement, continue to apply on and after commencement in relation to a jud gment gi ven before commencement .
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 20 10
24 Item 22 of Schedule 2
Repeal the item.
Service and Execution of Process Act 1992
25 Subsection 3(1) ( paragraph ( e) of the definition of judgment )
After "the Foreign Judgments Act 1991 ", insert "or the Trans - Tasman Proceedings Act 20 10 ".
26 Subsection 3(1) ( paragraph ( f) of the definition of judgment )
After "the Foreign Judgments Act 1991 ", insert "or the Trans - Tasman Proceedings Act 20 10 ".
Trans - Tasman Proceedings Act 20 10
27 Subsection 62(2)
Before "judicial proceeding", insert "federal".
28 Subsection 87 (2)
Before "judicial proceeding", insert "federal".