Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_43ao:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 43AO (pt 1/2)
Character Range: 132623–135171

43AO  Subsections 33B(1) to (7)
Repeal the subsections, substitute:
 (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.
 (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.
Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).
 (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:
 (a) order:
 (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or
 (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and
 (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.
Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).
 (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.
 (5) The Court may allow a person to appear before it by audio link or video link if:
 (a) the Court is sitting in the Territory and the person is outside the Territory; or
 (b) the Court is sitting outside the Territory (whether the person is in the Territory or not).
 (6) If an order is made under this section affecting the place of a sitting of the Court, the Court's