Evidence and Procedure (New Zealand) (Transitional Provisions and Consequential Amendments) Act 1994 (Cth)

Evidence and Procedure (New Zealand)

(Transitional Provisions and

Consequential Amendments) Act 1994

No. 112 of 1994

An Act to make transitional provisions and certain

amendments relating to the Evidence and Procedure

(New Zealand) Act 1994

[Assented to 16 September 1994]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Evidence and Procedure (New Zealand) (Transitional Provisions and Consequential Amendments) Act 1994.

Commencement

2.(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

(2) Sections 3 and 4 and the Schedule commence on the day on which Parts 2 to 7 of the Evidence and Procedure (New Zealand) Act 1994 commence.

Proceedings already begun

3.(1) A provision of the Evidence and Procedure (New Zealand) Act 1994 does not apply in relation to a proceeding:

(a) if the proceeding is a proceeding covered by Part IIIA. of the Federal Court of Australia Act 1976—that began before the commencement of this section; or

(b) otherwise—the hearing of which began before the commencement of this section.

(2) A provision of the Evidence Act 1905 that is repealed or omitted under section 4 of this Act continues to apply (as in force immediately before the commencement of this section) in relation to a proceeding that:

(a) is a proceeding covered by Part VA of the Evidence Act 1905 (as so in force); and

(b) began before the commencement of this section.

(3) A provision of the Federal Court of Australia Act 1976 that is repealed, omitted or otherwise amended under section 4 of this Act continues to apply (as in force immediately before the commencement of this section) in relation to a proceeding that:

(a) is a proceeding covered by Part IIIA of the Federal Court of Australia Act 1976 (as so in force); and

(b) began before the commencement of this section.

Amendments of other Acts

4. The Acts referred to in the Schedule are amended as set out in the Schedule.

SCHEDULE Section 4

AMENDMENTS OF OTHER ACTS

Evidence Act 1905

Sections 11B and 11D:

Repeal the sections.

Paragraphs 11F(1)(c) and (d):

Omit the paragraphs.

Sections 11G, 11H, 11J and UK:

Repeal the sections.

Federal Court of Australia Act 1976

Section 32B (definitions of “Australian subpoena”, “New Zealand subpoena”, “person named”, “subpoena”, “subpoena for production” and “subpoena to give evidence”):

Omit the definitions.

Subsection 32C(4):

Omit the subsection.

Section 32D:

Repeal the section, substitute:

New Zealand counsel entitled to practise in Federal Court in New Zealand

“32D. A person who is entitled to practise as a barrister, solicitor or both before the High Court of New Zealand is entitled to practice as a barrister, solicitor or both in an Australian proceeding before the Federal Court sitting in New Zealand.”.

Subsection 32E(2):

Omit the subsection.

Subsection 32E(3):

Omit “, grant an injunction or issue a subpoena”, substitute “or grant an injunction”.

Section 32F:

Omit “, and an Australian subpoena,”.

SCHEDULE— continued

Sections 32G, 32H, 32J, 32K and 32L:

Repeal the sections.

Subsections 32M(3) and (6):

Omit the subsections.

Subsection 32M(7):

Omit the subsection, substitute:

“(7) Without limiting subsections (1) to (5):

(a) the Judicature Act 1908 of New Zealand; and

(b) the High Court Rules made by or under that Act that apply to New Zealand proceedings generally;

also apply, by force of this subsection, to the practice and procedure of the High Court of New Zealand in a proceeding that is a New Zealand proceeding for the purposes of this Part so far as the proceeding is conducted or continued in Australia.”.

Section 32N:

Repeal the section, substitute:

Privileges, protection and immunity of participants in New Zealand proceedings

“32N.(1) A Judge of the High Court of New Zealand has, at a sitting in Australia of the High Court in a New Zealand proceeding, the same privileges, protection and immunity as a Judge of the Federal Court.

“(2) A person appearing as a barrister, solicitor or both in a New Zealand proceeding has, at a sitting in Australia of the High Court of New Zealand, the same protection and immunity a barrister has in appearing for a party in a proceeding before the Federal Court.

“(3) A person appearing as a witness in a New Zealand proceeding has, at a sitting in Australia of the High Court of New Zealand, the same protection as a witness in a proceeding in the Federal Court.”.

Subsection 32P(1):

Omit the subsection, substitute:

“(1) The High Court of New Zealand may, at a sitting in Australia of the High Court in a New Zealand proceeding, administer an oath or affirmation in accordance with the practice and procedure of the High Court.”.

Section 32Q:

Omit “, and a New Zealand subpoena,”.

SCHEDULE— continued

Sections 32R and 32S:

Repeal the sections.

Section 32ZD:

Repeal the section.

Paragraph 32ZF(2)(b):

Omit “or” (last occurring).

Paragraph 32ZF(2)(c):

Omit the paragraph.

Paragraph 59(2)(v):

Omit “, for the purposes of Part IIIA of this Act and Part VA of the Evidence Act 1905”, substitute “from New Zealand”.

Paragraphs 59(2)(w) and (x):

Omit “for the purposes of Part IIIA”.

Paragraph 59(2)(z):

Omit the paragraph.

Paragraph 59(2)(zc):

Omit “under section 32S”.

[Minister’s second reading speech made in—

House of Representatives on 25 November 1993

Senate on 23 August 1994