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This is a Bill, not an Act. For current law, see the Acts databases.

LAW AND JUSTICE (CROSS BORDER AND OTHER AMENDMENTS) BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Law and Justice (Cross Border and
Other Amendments) Bill 2009
No. , 2009
(Attorney-General)
A Bill for an Act to amend various Acts relating to
law and justice, and for related purposes
i Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 1
Schedule 1--Amendme nts relating to the cross border justice
scheme
3
Service and Execution of Process Act 1992
3
Schedule 2--Amendme nts relating to taking evidence by audio
or audiovisual link
4
Service and Execution of Process Act 1992
4
Schedule 3--Amendme nts relating to New Zealand
8
Evidence and Procedure (New Zealand) Act 1994
8
Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009 1
A Bill for an Act to amend various Acts relating to
1
law and justice, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Law and Justice (Cross Border and
5
Other Amendments) Act 2009.
6
2 Commence ment
7
This Act commences on the day on which it receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amend ments relating to the cross border justice scheme Schedule 1
Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009 3
1
Schedule 1
--
Amendments relating to the
2
cross border justice scheme
3
4
Service and Execution of Process Act 1992
5
1 Subsection 3(1)
6
Insert:
7
cross-border laws means the following:
8
(a) the cross border laws of a participating jurisdiction, within
9
the meaning of the Cross-Border Justice Act 2008 of Western
10
Australia;
11
(b) the laws of a State, or provisions of a law of a State, that are
12
prescribed by the regulations for the purposes of this
13
paragraph.
14
2 After subsection 8(3)
15
Insert:
16
(3A) This Act:
17
(a) does not affect the operation of the cross-border laws; and
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(b) does not apply to a person in relation to a particular matter if
19
the cross-border laws would, apart from this Act, apply to the
20
person in relation to the matter.
21
22
Schedule 2 A mendments relating to taking evidence by audio or audiovisual link
4 Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009
1
Schedule 2
--
Amendments relating to taking
2
evidence by audio or audiovisual link
3
4
Service and Execution of Process Act 1992
5
1 Subsection 3(1)
6
Insert:
7
audio link means facilities (for example, telephone facilities) that
8
enable audio communication between persons in different places.
9
2 Subsection 3(1)
10
Insert:
11
audiovisual link means facilities that enable audio and visual
12
communication between persons in different places.
13
3 Subsection 20(7)
14
Omit "video link or telephone", substitute "audio link or audiovisual
15
link".
16
4 Paragraph 20(8)(b)
17
Omit "video link or telephone", substitute "audio link or audiovisual
18
link".
19
5 Paragraph 28(b)
20
Repeal the paragraph, substitute:
21
(b) who is in prison but who need neither attend before the court
22
or authority for the purpose of complying with the subpoena
23
nor give oral evidence, by audio link or audiovisual link, to
24
the court or authority.
25
6 Subsection 33(7)
26
Omit "video link or telephone", substitute "audio link or audiovisual
27
link".
28
7 Paragraph 33(8)(b)
29
Amend ments relating to taking evidence by audio or audiovisual link Schedule 2
Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009 5
Omit "video link or telephone", substitute "audio link or audiovisual
1
link".
2
8 Paragraph 38(b)
3
Repeal the paragraph, substitute:
4
(b) is required to:
5
(i) attend before a court, authority or person for the purpose
6
of complying with the subpoena; or
7
(ii) give oral evidence, by audio link or audiovisual link, to
8
a court, authority or person.
9
9 Subsection 43(7)
10
Omit "video link or telephone", substitute "audio link or audiovisual
11
link".
12
10 Paragraph 43(8)(b)
13
Omit "video link or telephone", substitute "audio link or audiovisual
14
link".
15
11 Subsection 44(9)
16
Omit "video link or telephone", substitute "audio link or audiovisual
17
link".
18
12 Paragraph 44(10)(b)
19
Omit "video link or telephone", substitute "audio link or audiovisual
20
link".
21
13 Subparagraph 56(b)(ii)
22
Repeal the subparagraph, substitute:
23
(ii) who is in prison but who need neither attend before the
24
tribunal for the purpose of complying with the subpoena
25
nor give oral evidence, by audio link or audiovisual
26
link, to the tribunal.
27
14 Subsection 61(7)
28
Omit "video link or telephone", substitute "audio link or audiovisual
29
link".
30
15 Paragraph 61(8)(b)
31
Schedule 2 A mendments relating to taking evidence by audio or audiovisual link
6 Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009
Omit "video link or telephone", substitute "audio link or audiovisual
1
link".
2
16 Paragraph 66(b)
3
Repeal the paragraph, substitute:
4
(b) is addressed to a person (in this Subdivision called the
5
prisoner) who is in prison in a State other than the place of
6
issue and who is required to:
7
(i) attend before the tribunal for the purpose of complying
8
with the subpoena; or
9
(ii) give oral evidence, by audio link or audiovisual link, to
10
the tribunal.
11
17 Subsection 71(7)
12
Omit "video link or telephone", substitute "audio link or audiovisual
13
link".
14
18 Paragraph 71(8)(b)
15
Omit "video link or telephone", substitute "audio link or audiovisual
16
link".
17
19 Subsection 72(10)
18
Omit "video link or telephone", substitute "audio link or audiovisual
19
link".
20
20 Paragraph 72(11)(b)
21
Omit "video link or telephone", substitute "audio link or audiovisual
22
link".
23
21 Subparagraph 75(b)(ii)
24
Repeal the subparagraph, substitute:
25
(ii) who is in prison but who need neither attend before the
26
tribunal for the purpose of complying with the subpoena
27
nor give oral evidence, by audio link or audiovisual
28
link, to the tribunal.
29
22 Paragraph 78(b)
30
Repeal the paragraph, substitute:
31
Amend ments relating to taking evidence by audio or audiovisual link Schedule 2
Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009 7
(b) is addressed to a person (in this Subdivision called the
1
prisoner) who is in prison in a State other than the place of
2
issue and who is required to:
3
(i) attend before the tribunal for the purpose of complying
4
with the subpoena; or
5
(ii) give oral evidence, by audio link or audiovisual link, to
6
the tribunal.
7
23 Subparagraphs 84(4)(a)(iii) and (6)(a)(ii) and (iii)
8
Omit "telephone", substitute "audio link".
9
24 Paragraph 129(a)
10
Repeal the paragraph, substitute:
11
(a) if the person need not, for the purposes of complying with the
12
subpoena, do either or both of the following:
13
(i) attend before the court, authority or tribunal that issued
14
the subpoena;
15
(ii) give oral evidence, by audio link or audiovisual link, to
16
the court, authority or tribunal;
17
comply with the subpoena;
18
19
Schedule 3 A mendments relating to New Zealand
8 Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009
1
Schedule 3
--
Amendments relating to New
2
Zealand
3
4
Evidence and Procedure (New Zealand) Act 1994
5
1 Subsection 3(1)
6
Insert:
7
excluded family proceeding means:
8
(a) a proceeding in respect of an application made under the
9
Convention on the Civil Aspects of International Child
10
Abduction signed at The Hague on 25 October 1980; or
11
(b) a proceeding relating to the status or property of a person
12
who is not fully able to manage his or her own affairs.
13
Note:
The text of the Convention referred to in paragraph (a) is set out in
14
Australian Treaty Series 1987 No. 2 ([1987] ATS 2). In 2009, the text
15
of a Convention in the Australian Treaty Series was accessible
16
through the Australian Treaties Library on the AustLII website
17
(www.austlii.edu.au).
18
2 Subsection 3(1) (definition of family proceeding)
19
Repeal the definition.
20
3 Section 7
21
After "proceeding" (first occurring), insert ", other than a criminal
22
proceeding or an excluded family proceeding,".
23
4 Paragraph 7(b)
24
Omit "; other than a criminal proceeding or family proceeding".
25
5 Paragraph 18(a)
26
Omit "a family", substitute "an excluded family".
27
6 Application
28
The amendments made by items 3, 4 and 5 apply in relation to a
29
proceeding commenced on or after the commencement of this item.
30
7 Subsection 25(3)
31
Amend ments relating to New Zealand Schedule 3
Law and Justice (Cross Border and Other Amendments) Bill 2009 No. , 2009 9
Omit "the court", substitute "or receiving submissions by video link or
1
telephone, all its powers which it".
2

 

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