Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p13
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
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Character Range: 36055–38854

26. In this Part, "Principal Act" means the Federal Court of Australia Act 19765.

State Supreme Courts invested with jurisdiction in Chambers

27. Section 32a of the Principal Act is amended by adding at the end the following subsection:

"(4) This section does not apply to a proceeding that is an Australian proceeding within the meaning of Part IIIa.".

28. After Part III of the Principal Act the following Part is inserted:

"PART IIIa—TRANS-TASMAN MARKET PROCEEDINGS

"Division 1—Preliminary

Interpretation

"32b. In this Part, unless the contrary intention appears:

'Australian injunction' means an injunction, whether final or interlocutory, made in an Australian proceeding;

'Australian judgment' means a judgment made or given in an Australian proceeding;

'Australian proceeding' means a proceeding in which a matter for determination arises under:

  (a) section 46a, 155a or 155b of the Trade Practices Act 1974; or

    (b) a provision of Part VI or XII of the Trade Practices Act 1974 so far as the provision relates to section 46a, 155a or 155b of that Act; or

  (c) this Part;

and includes a part of such a proceeding;

'Australian subpoena' means a subpoena issued in an Australian proceeding;

'High Court' means the High Court of New Zealand;

'judgment creditor', in relation to a New Zealand judgment, means the person in whose favour the judgment was made or given, and includes a person in whom the rights under the judgment have become vested by succession, assignment or otherwise;

'judgment debtor', in relation to a New Zealand judgment, means the person against whom the judgment was made or given, and includes a person against whom the judgment is enforceable under New Zealand law;

'New Zealand injunction' means an injunction, whether final or interlocutory, made in a New Zealand proceeding;

'New Zealand judgment' means a judgment made or given in a New Zealand proceeding;

'New Zealand proceeding' means a proceeding in which a matter for determination arises under section 36a, 98h or 99a of the Commerce Act 1986 of New Zealand, and includes a part of such a proceeding; 'New Zealand subpoena' means a subpoena issued in a New Zealand proceeding;

'person named', in relation to a subpoena, means the person to whom the subpoena is addressed;

'registered', in relation to a New Zealand judgment, means registered under Division 5;

'subpoena' means a subpoena to give evidence, a subpoena for production or a subpoena for both evidence and production;

'subpoena for production' means an order requiring the person named to attend as directed by the order and produce a document or thing for the purpose of evidence;

'subpoena to give evidence' means an order requiring the person named to attend as directed by the order for the purpose of giving