Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p22
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 57963–60673

The jurisdiction conferred on the Federal Court by this section is exclusive of the jurisdiction of any other court.

"(4) Without limiting subsection (3), prosecutions for offences against this Part may be brought only in the Federal Court.

"(5) This section has effect subject to section 75 of the Constitution.

"(6) This section has effect despite anything in any other law of the Commonwealth.

Non-compliance with New Zealand subpoena

"32zd. (1) A person served in Australia with a New Zealand subpoena must comply with the subpoena.

"(2) A person who contravenes a New Zealand subpoena is in contempt of the Federal Court, and is punishable accordingly, unless the person establishes that the contravention should be excused.

"(3) In determining whether a person's contravention of a New Zealand subpoena should be excused, the Federal Court may have regard to:

    (a) any matters that have not been brought to the attention of the High Court of New Zealand, if the Federal Court is satisfied that:

       (i) the High Court would have been likely to have set aside the subpoena if the matters had been brought to its attention; and

       (ii) the failure to bring the matters to the attention of the High Court was not the person's fault, or was the result of an omission by the person that should be excused; and

    (b) any other matters, being matters to which the Federal Court would have regard if it had issued the subpoena.

"(4) A certificate under a seal of the High Court of New Zealand to the effect that a person named in the certificate has contravened a New Zealand subpoena is evidence of the person's contravention of the subpoena unless the person establishes to the satisfaction of the Federal Court that the person did not in fact contravene the subpoena.

"(5) Findings of fact made by the High Court of New Zealand on an application to the High Court to set aside the subpoena cannot be challenged by a person alleged to have contravened it unless the High Court was deliberately misled in making those findings of fact.

Contempt of High Court of New Zealand

"32ze. A person must not, at a sitting of the High Court of New Zealand in Australia:

    (a) assault, threaten, intimidate or wilfully insult:

      (i) a Judge of the High Court; or

      (ii) a Master, Registrar, Deputy Registrar or another officer of the High Court; or

      (iii) a person appearing as a barrister, a solicitor or both; or

      (iv) a witness in the proceedings; or

    (b) wilfully interrupt or obstruct the proceedings; or

    (c) wilfully and without lawful excuse disobey an order or direction of the High Court.

  Penalty: Imprisonment for 3 months.

Reciprocal arrangements