Document ID: chunk:federal_register_of_legislation:C2021C00487:section:4:p1
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 4 (pt 1/5)
Character Range: 14777–17595

4  Definitions
  In this Act:
adjudicative function, in relation to a tribunal, means the function of determining the rights or liabilities of a person in a proceeding in which there are 2 or more parties (including determining that those rights or liabilities are altered).
appearance: see subsection 13(2).
appears remotely: a person appears remotely in a hearing related to a proceeding in a court or tribunal in the territory of a party to the Trans‑Tasman Agreement if the person participates in the hearing, from the territory of the other party to the Agreement, by remote appearance medium.
audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.
audiovisual link means facilities that enable audio and visual communication between persons in different places.
Australian court means:
 (a) a federal court; or
 (b) a court of a State or Territory.
Australian law means a law of the Commonwealth, a State or a Territory.
Australian market proceeding: see subsection 81(2).
Australian market proceeding judgment means a judgment given in an Australian market proceeding.
civil pecuniary penalty means a pecuniary penalty imposed by a court or tribunal in a civil proceeding in relation to a contravention of legislation.
civil proceeding means a proceeding that is not a criminal proceeding.
criminal proceeding means:
 (a) a prosecution for an offence; or
 (b) a procedure, other than a prosecution, that, under an Australian law or a New Zealand law, may be used:
 (i) to determine liability for an offence; or
 (ii) to impose a penalty for an offence; or
 (c) a proceeding that is related to or associated with a prosecution for an offence or a procedure mentioned in paragraph (b);
but does not include:
 (d) a proceeding for compensation, damages or reparation; or
 (e) a proceeding under proceeds of crime legislation.
defendant, in relation to a proceeding, means a person served or intended to be served with an initiating document for the proceeding.
document means any record of information, and includes:
 (a) anything on which there is writing; or
 (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
 (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
 (d) a map, plan, drawing or photograph.
enforcement of a judgment means the enforcement or execution of the judgment.
entitled person, in relation to a judgment:
 (a) means a person:
 (i) in whose favour the judgment was given; or
 (ii) in whom rights under the judgment have (by assignment, succession, or otherwise) become vested; and
 (b) for an NZ judgment in a proceeding for compensation, damages or reparation relating