Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:133
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 133
Character Range: 167700–168867

133  Obtaining evidence in Recovery Convention countries for purposes of proceedings under this Division
 (1) In proceedings under this Division in a court on behalf of a person in a Recovery Convention country, the court may require the Secretary to request the Transmitting Agency in the Recovery Convention country to obtain evidence required for the proceedings.
 (2) A requirement by a court under this section must set out:
 (a) the names and addresses of the claimant and respondent in the proceedings; and
 (b) the name and address of any person whose evidence is to be taken; and
 (c) the matters concerning which evidence is required.
 (3) If the court requires the Secretary to make the request, the Secretary must:
 (a) send the Transmitting Agency the request; and
 (b) request the Transmitting Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.
 (4) Nothing in this section affects the power of a court to order or request the taking of evidence within or outside Australia.