Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 6840

Definitions—div 6.10.9

In this division:

"applicable convention", in relation to a request issued by or on behalf of a court or tribunal of a foreign country, means a convention dealing with examination of witnesses to which Australia and the foreign country are parties.

"Australian court" means an entity authorised to exercise an adjudicative function—

        (a)     whether on behalf of a court or otherwise; and

        (b)     whether or not the entity is authorised to require the answering of questions or the production of documents.

"proceeding" means—

        (a)     a proceeding in any civil or commercial matter; or

        (b)     a proceeding in or before a court in relation to the commission of an offence or an alleged offence, or the confiscation of criminal assets.

"request" includes any commission, order or other process issued for the making of an application under rule 6843 (Order relating to taking evidence for Australian or foreign court or tribunal).

"requesting court", in relation to a request or an order under rule 6843 made on a request, means the court or tribunal outside the ACT (including outside Australia) by or on behalf of which the request is issued.



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