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This is a Bill, not an Act. For current law, see the Acts databases.
TRANS-TASMAN PROCEEDINGS (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Trans-Tasman Proceedings (Transitional
and Consequential Provisions) Bill 2009
No. , 2009
(Attorney-General)
A Bill for an Act to deal with transitional and
consequential matters in connection with the
Trans-Tasman Proceedings Act 2009, and for
related purposes
i Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009 No.
, 2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
3
4 Definitions
.........................................................................................
3
Schedule 1--Application of the Trans-Tasman Act
4
Schedule 2--Consequential repeals and amendments
6
Part 1--Repeal of the Evidence and Procedure (New Zealand)
Act 1994
6
Evidence and Procedure (New Zealand) Act 1994
6
Part 2--Amendment of the Federal Court of Australia Act
1976
8
Federal Court of Australia Act 1976
8
Part 3--Other amendments
10
Defence Force Discipline Act 1982
10
Family Law Act 1975
10
Federal Magistrates Act 1999
10
Foreign Judgments Act 1991
11
Law and Justice Legislation Amendment (Identity Crimes and Other
Measures) Act 2009
11
Service and Execution of Process Act 1992
12
Trans-Tasman Proceedings Act 2009
12
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009 No. ,
2009 1
A Bill for an Act to deal with transitional and
1
consequential matters in connection with the
2
Trans-Tasman Proceedings Act 2009, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Trans-Tasman Proceedings
7
(Transitional and Consequential Provisions) Act 2009.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009
No. , 2009
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as section 3 of the
Trans-Tasman Proceedings Act 2009
commences.
3. Schedule 2,
items 1 to 23
At the same time as section 3 of the
Trans-Tasman Proceedings Act 2009
commences.
4. Schedule 2,
item 24
Immediately after the commencement of
item 22 of Schedule 2 to the Law and Justice
Legislation Amendment (Identity Crimes and
Other Measures) Act 2009.
However, the provision(s) do not commence
at all if item 22 of Schedule 2 to the Law
and Justice Legislation Amendment (Identity
Crimes and Other Measures) Act 2009
commences before the commencement of
the provision(s) covered by table item 3.
5. Schedule 2,
items 25 and 26
At the same time as section 3 of the
Trans-Tasman Proceedings Act 2009
commences.
6. Schedule 2,
items 27 and 28
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 3;
and
(b) immediately after the commencement of
item 22 of Schedule 2 to the Law and
Justice Legislation Amendment (Identity
Crimes and Other Measures) Act 2009.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009 No. ,
2009 3
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
4 Definitions
12
(1) In this Act:
13
commencement means the day on which section 3 of the
14
Trans-Tasman Proceedings Act 2009 commences.
15
Trans-Tasman Act means the Trans-Tasman Proceedings Act
16
2009.
17
(2) In this Act, expressions that are defined in the Trans-Tasman Act
18
have the same meanings as they have in that Act.
19
20
Schedule 1 Application of the Trans-Tasman Act
4 Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009
No. , 2009
Schedule 1--Application of the Trans-Tasman
1
Act
2
3
1 Application of Part 2 of the Trans-Tasman Act
4
Part 2 of the Trans-Tasman Act (which deals with service in New
5
Zealand of initiating documents issued by Australian courts and
6
tribunals) applies to:
7
(a) a civil proceeding commenced on or after commencement; or
8
(b) a civil proceeding commenced before commencement, but
9
only if not all of the initiating documents for the proceeding
10
have been served before commencement.
11
2 Application of Part 3 of the Trans-Tasman Act
12
Part 3 of the Trans-Tasman Act (which deals with Australian courts
13
declining jurisdiction on the grounds that a New Zealand court is the
14
more appropriate forum) applies to a civil proceeding commenced in an
15
Australian court on or after commencement.
16
3 Application of Part 4 of the Trans-Tasman Act
17
Part 4 of the Trans-Tasman Act (which deals with Australian courts
18
granting interim relief in support of civil proceedings in New Zealand
19
courts) applies to a civil proceeding commenced, or to be commenced,
20
in a New Zealand court on or after commencement.
21
4 Application of Part 5 of the Trans-Tasman Act
22
(1)
Part 5 of the Trans-Tasman Act (which deals with subpoenas) applies to
23
a subpoena issued before, on or after commencement.
24
(2)
Despite subitem (1), Division 2 of Part 5 of the Trans-Tasman Act
25
(which deals with Australian subpoenas) does not apply to a subpoena
26
if, before commencement, the court gave leave under section 9 of the
27
Evidence and Procedure (New Zealand) Act 1994 for the subpoena to
28
be served in New Zealand.
29
Note: The
Evidence and Procedure (New Zealand) Act 1994 continues to apply to the
30
subpoena: see item 2 of Schedule 2 to this Act.
31
5 Application of Part 6 of the Trans-Tasman Act
32
Application of the Trans-Tasman Act Schedule 1
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009 No. ,
2009 5
(1)
Part 6 of the Trans-Tasman Act (which deals with remote appearances)
1
applies to a remote appearance that is made on or after commencement.
2
It does not matter whether the proceeding in which the remote
3
appearance is made commenced before, on or after commencement.
4
(2)
Despite subitem (1), Division 2 of Part 6 of the Trans-Tasman Act
5
(which deals with remote appearances from New Zealand in Australian
6
proceedings) does not apply to a remote appearance if:
7
(a) the remote appearance is to give evidence or make
8
submissions; and
9
(b) before commencement, the court directed under section 25 of
10
the Evidence and Procedure (New Zealand) Act 1994 that the
11
evidence be given or submissions be made, by video link or
12
telephone, from New Zealand.
13
Note: The
Evidence and Procedure (New Zealand) Act 1994 continues to apply to these
14
remote appearances: see item 2 of Schedule 2 to this Act.
15
6 Application of Part 7 of the Trans-Tasman Act
16
Part 7 of the Trans-Tasman Act (which deals with the recognition and
17
enforcement in Australia of specified judgments of New Zealand courts
18
and tribunals) applies to judgments given on or after commencement. It
19
does not matter whether the proceeding in which the judgment is given
20
commenced before, on or after commencement.
21
7 Application of Part 8 of the Trans-Tasman Act
22
Part 8 of the Trans-Tasman Act (which deals with trans-Tasman market
23
proceedings) applies to proceedings commenced on or after
24
commencement.
25
8 Application of Part 9 of the Trans-Tasman Act
26
Part 9 of the Trans-Tasman Act (which deals with evidence of certain
27
New Zealand matters) applies to proceedings commenced before, on or
28
after commencement.
29
30
Schedule 2 Consequential repeals and amendments
Part 1 Repeal of the Evidence and Procedure (New Zealand) Act 1994
6 Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009
No. , 2009
Schedule 2--Consequential repeals and
1
amendments
2
Part 1--Repeal of the Evidence and Procedure (New
3
Zealand) Act 1994
4
Evidence and Procedure (New Zealand) Act 1994
5
1 The whole of the Act
6
Repeal the Act.
7
2 Saving
8
(1)
This item applies despite the repeal of the Evidence and Procedure
9
(New Zealand) Act 1994 (the EPNZA) made by this Schedule.
10
(2)
If, before commencement, a court gave leave under section 9 of the
11
EPNZA for a subpoena to be served in New Zealand, then the EPNZA,
12
as in force immediately before commencement, continues to apply on
13
and after commencement in relation to the subpoena.
14
(3)
If, before commencement, a court directed under section 25 of the
15
EPNZA that:
16
(a) evidence be taken; or
17
(b) submissions be made;
18
by video link or telephone from New Zealand, then the EPNZA, as in
19
force immediately before commencement, continues to apply on and
20
after commencement in relation to the taking of that evidence or the
21
making of those submissions.
22
(4)
Section 47 of the EPNZA (which deals with the application of the
23
Foreign Judgments Act 1991), as in force immediately before
24
commencement, continues to apply on and after commencement in
25
relation to a judgment given before commencement.
26
(5)
Regulations made under section 49 of the EPNZA, as in force
27
immediately before commencement, continue to apply on and after
28
commencement in relation to:
29
(a) a subpoena to which subitem (2) applies; or
30
Consequential repeals and amendments Schedule 2
Repeal of the Evidence and Procedure (New Zealand) Act 1994 Part 1
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009 No. ,
2009 7
(b) the taking of evidence, or making of submissions, to which
1
subitem (3) applies.
2
3
Schedule 2 Consequential repeals and amendments
Part 2 Amendment of the Federal Court of Australia Act 1976
8 Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009
No. , 2009
Part 2--Amendment of the Federal Court of Australia
1
Act 1976
2
Federal Court of Australia Act 1976
3
3 Paragraph 32A(4)(b)
4
Omit "Australian proceeding within the meaning of Part IIIA",
5
substitute "Australian market proceeding within the meaning of the
6
Trans-Tasman Proceedings Act 2009".
7
4 Part IIIA
8
Repeal the Part.
9
5 Subsection 47A(5) (note)
10
Repeal the note, substitute:
11
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
12
6 Subsection 47B(3) (note)
13
Repeal the note, substitute:
14
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
15
7 Section 47G
16
Omit "the Evidence and Procedure (New Zealand) Act 1994", substitute
17
"the Trans-Tasman Proceedings Act 2009".
18
8 Paragraphs 59(2)(y), (za), (zb), (zc), (zd) and (ze)
19
Repeal the paragraphs, substitute:
20
(y) the Court's sittings in New Zealand under Part 8 of the
21
Trans-Tasman Proceedings Act 2009; and
22
(za) the enforcement of orders under subsection 85(5) of the
23
Trans-Tasman Proceedings Act 2009; and
24
(zb) the registration and enforcement, and the setting aside of the
25
registration, of judgments under Part 7 of the Trans-Tasman
26
Proceedings Act 2009; and
27
(zc) the transmission of documents to the High Court of New
28
Zealand; and
29
(zd) taking evidence under section 89 of the Trans-Tasman
30
Proceedings Act 2009; and
31
Consequential repeals and amendments Schedule 2
Amendment of the Federal Court of Australia Act 1976 Part 2
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009 No. ,
2009 9
(ze) the exercise in Chambers of the Court's jurisdiction under
1
Part 8 of the Trans-Tasman Proceedings Act 2009; and
2
9 Saving
3
(1)
Despite the repeal of Part IIIA of the Federal Court of Australia Act
4
1976 made by this Schedule, Part IIIA of that Act, as in force
5
immediately before commencement, continues to apply on and after
6
commencement in relation to a proceeding commenced before
7
commencement.
8
(2)
Despite subitem (1), Division 5 of Part IIIA of the Federal Court of
9
Australia Act 1976 does not apply on and after commencement in
10
relation to a judgment given on or after commencement.
11
(3)
Despite the amendments made to paragraphs 59(2)(y), (za), (zb), (zc),
12
(zd) and (ze) of the Federal Court of Australia Act 1976 by this
13
Schedule, Rules of Court made for the purposes of those paragraphs
14
continue to apply on and after commencement in relation to a
15
proceeding commenced before commencement.
16
(4)
Regulations made under section 60 of the Federal Court of Australia
17
Act 1976 for the purposes of Part IIIA of that Act continue to apply on
18
and after commencement in relation to a proceeding commenced before
19
commencement.
20
21
Schedule 2 Consequential repeals and amendments
Part 3 Other amendments
10 Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009
No. , 2009
Part 3--Other amendments
1
Defence Force Discipline Act 1982
2
10 Subsection 148A(5) (note)
3
Repeal the note, substitute:
4
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
5
11 Subsection 148B(3) (note)
6
Repeal the note, substitute:
7
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
8
12 Section 148F
9
Omit "the Evidence and Procedure (New Zealand) Act 1994", substitute
10
"the Trans-Tasman Proceedings Act 2009".
11
Family Law Act 1975
12
13 Subsection 102C(5) (note)
13
Repeal the note, substitute:
14
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
15
14 Subsection 102D(3) (note)
16
Repeal the note, substitute:
17
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
18
15 Subsection 102E(3) (note)
19
Repeal the note, substitute:
20
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
21
16 Section 102L
22
Omit "the Evidence and Procedure (New Zealand) Act 1994", substitute
23
"the Trans-Tasman Proceedings Act 2009".
24
Federal Magistrates Act 1999
25
17 Subsection 66(5) (note)
26
Consequential repeals and amendments Schedule 2
Other amendments Part 3
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009 No. ,
2009 11
Repeal the note, substitute:
1
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
2
18 Subsection 67(3) (note)
3
Repeal the note, substitute:
4
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
5
19 Subsection 68(3) (note)
6
Repeal the note, substitute:
7
Note:
See Part 6 of the Trans-Tasman Proceedings Act 2009.
8
20 Section 73
9
Omit "the Evidence and Procedure (New Zealand) Act 1994", substitute
10
"the Trans-Tasman Proceedings Act 2009".
11
Foreign Judgments Act 1991
12
21 Paragraph 5(8)(d)
13
Omit "New Zealand or".
14
22 Subsection 5(10)
15
Repeal the subsection, substitute:
16
(10) This Part does not apply to a judgment given by a court of New
17
Zealand.
18
Note:
For the enforcement in Australia of judgments given by courts of New
19
Zealand, see Part 7 of the Trans-Tasman Proceedings Act 2009.
20
23 Saving
21
Despite the amendments made to paragraph 5(8)(d) and subsection
22
5(10) of the Foreign Judgments Act 1991 by this Schedule, those
23
provisions, as in force immediately before commencement, continue to
24
apply on and after commencement in relation to a judgment given
25
before commencement.
26
Law and Justice Legislation Amendment (Identity Crimes
27
and Other Measures) Act 2009
28
24 Item 22 of Schedule 2
29
Schedule 2 Consequential repeals and amendments
Part 3 Other amendments
12 Trans-Tasman Proceedings (Transitional and Consequential Provisions) Bill 2009
No. , 2009
Repeal the item.
1
Service and Execution of Process Act 1992
2
25 Subsection 3(1) (paragraph (e) of the definition of
3
judgment)
4
After "the Foreign Judgments Act 1991", insert "or the Trans-Tasman
5
Proceedings Act 2009".
6
26 Subsection 3(1) (paragraph (f) of the definition of
7
judgment)
8
After "the Foreign Judgments Act 1991", insert "or the Trans-Tasman
9
Proceedings Act 2009".
10
Trans-Tasman Proceedings Act 2009
11
27 Subsection 62(2)
12
Before "judicial proceeding", insert "federal".
13
28 Subsection 87(2)
14
Before "judicial proceeding", insert "federal".
15