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FEDERAL MAGISTRATES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 194, 1999 - SCHEDULE 14

- Amendment of the Foreign Evidence Act 1994

1 Division 2 of Part 2 (heading)

Repeal the heading, substitute:

Division 2—Proceedings in the Federal Magistrates Court and inferior courts

2 Before section 10

Insert:

9A Orders for taking evidence abroad—Federal Magistrates Court

Child support or family law matters

(1)
The Family Court of Australia may, on the application of a party to a proceeding before the Federal Magistrates Court in a child support or family law matter, exercise the same power to make an order of the kind referred to in Division 1 as the Family Court of Australia has under that Division for the purpose of a proceeding in the Family Court of Australia.

Matters other than child support or family law matters

(2)
The Federal Court of Australia may, on the application of a party to a proceeding before the Federal Magistrates Court in a matter other than a child support or family law matter, exercise the same power to make an order of the kind referred to in Division 1 as the Federal Court of Australia has under that Division for the purpose of a proceeding in the Federal Court of Australia.

Definition

(3)
In this section:

child support or family law matter means:

(a)
a matter arising under the Family Law Act 1975 or regulations under that Act; or

(b)
a matter arising under the Child Support (Assessment) Act 1989 or regulations under that Act; or

(c)
a matter arising under the Child Support (Registration and Collection) Act 1988 or regulations under that Act.

Note: The heading to section 10 is altered by adding at the end " —inferior courts ".

3 Subsection 12(1)

Omit "section 10 or 11 for the purposes of a proceeding before an inferior court,", substitute "section 9A, 10 or 11 for the purposes of a proceeding before the Federal Magistrates Court or an inferior court,".

4 Paragraph 12(2)(a)

Omit "inferior court's satisfaction", substitute "Federal Magistrates Court's satisfaction or the inferior court's satisfaction, as the case may be,".

5 Subsection 15(1)

After "superior court", insert ", the Federal Magistrates Court".

6 Subsection 16(1)

After "7,", insert "9A,".

7 Section 17

After "7,", insert "9A,".

8 Section 46

After "7,", insert "9A,".


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