Document ID: chunk:federal_register_of_legislation:F2009L03539:body:0:p2
Version: federal_register_of_legislation:F2009L03539
Segment Type: other
Provision Reference: 
Character Range: 2783–5425

conferred with jurisdiction under regulation 5.
judgment means a judgment or order:
 (a) given or made by a court situated in a country to which the 2003 Protocol applied at the time the judgment or order was given or made; and
 (b) in proceedings that are, in whole or in part, for supplementary compensation for pollution damage.
judgment creditor, in relation to a judgment:
 (a) means the person in whose favour a judgment was given; and
 (b) includes a person in whom the rights under a judgment have become vested by succession, assignment or otherwise.
judgment debtor, in relation to a judgment:
 (a) means the person against whom a judgment was given; and
 (b) includes a person against whom a judgment is enforceable under the law of the country in which the original court is situated.
original court, in relation to a judgment, means the court by which the judgment is given.
registered means registered under Part 2.
supplementary compensation for pollution damage means compensation provided by Article 4 of the 2003 Protocol.

 (2) Unless the contrary intention appears, an expression used in these Regulations and in the 2003 Protocol has the same meaning in these Regulations, as they relate to the 2003 Protocol, as in the 2003 Protocol.

Note   Some terms used in these Regulations are defined in the Act.  For example, section 3 of the Act contains definitions of the 2003 Protocol and the Supplementary Fund.

Part 2 Registration and enforcement of judgments

Division 2.1 Overview of Part

4 Overview

  For section 46H of the Act, this Part sets out the provisions for, and in relation to, giving effect to Article 8 of the 2003 Protocol.

Division 2.2 Jurisdiction and Court fees

5 Jurisdiction of Federal Court and State and Territory Supreme Courts

  For section 46H of the Act:
 (a) the Supreme Court of each State is invested with federal jurisdiction; and
 (b) federal jurisdiction is conferred on the Supreme Court of each internal Territory; and
 (c) the Federal Court of Australia is invested with jurisdiction.

6 Court fees

  For section 46H of the Act, the fees to be paid to a Court in respect of a matter under this Part are the fees prescribed in relation to the matter in the Rules of the Court.

Division 2.3 How to apply to register judgment

7 Application to register judgment

 (1) A judgment creditor for a judgment may apply, in writing, to a Court to have the judgment registered in the Court under regulation 9 at any time within 6 years after:
 (a) the date of the judgment; or
 (b) if there have been proceedings by way of appeal against the judgment — the date of the last judgment