Document ID: chunk:federal_register_of_legislation:C2021C00487:section:44
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 44
Character Range: 56143–57910

44  Documents etc. for transmission to a New Zealand court
 (1) Subject to subsection (2), the following are authorised to receive a document or thing that is required by a subpoena to be produced:
 (a) the Federal Court;
 (b) a State or Territory court prescribed by the regulations;
 (c) an Australian tribunal prescribed by the regulations.
 (2) If the regulations so provide in relation to such a court or tribunal, this section only applies in relation to specified locations of the registry of the court or tribunal.
 (3) If a document or thing is filed at the registry of such a court or tribunal in compliance with a subpoena, the Registrar of the court or tribunal must, as soon as practicable after filing, cause:
 (a) the Registrar of the court or tribunal that issued the subpoena to be informed in writing that the document or thing has been so filed; and
 (b) the document or thing to be transmitted to that court or tribunal.
 (4) Regulations made for the purposes of subsection (1):
 (a) must not prescribe a court or tribunal of a State unless the Governor of that State has requested in writing that the court or tribunal be so prescribed; and
 (b) must not prescribe a court or tribunal of the Australian Capital Territory unless the Chief Minister of the Australian Capital Territory has requested in writing that the court or tribunal be so prescribed; and
 (c) must not prescribe a court or tribunal of any other Territory unless the Administrator of the Territory has requested in writing that the court or tribunal be so prescribed.
 (5) Regulations made for the purposes of subsection (1) must not prescribe a tribunal unless the tribunal is a person or body authorised by or under an Australian law to take evidence on oath or affirmation.