Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:123
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 123
Character Range: 159302–160381

123  Taking of further evidence
 (1) This section applies if:
 (a) proceedings are started in a court in a reciprocating jurisdiction for the confirmation of a provisional order made by a court (the Australian court) under subsection 119(4); and
 (b) the court in the reciprocating jurisdiction remits the order to the Australian court for the taking of further evidence.
 (2) The Australian court must:
 (a) give notice of the taking of further evidence to such persons and in such manner as the court thinks fit; and
 (b) take the further evidence; and
 (c) cause the depositions of the witnesses to be sent to the court in the reciprocating jurisdiction.
 (3) If, on the taking of further evidence, it appears to the Australian court that the provisional order ought not to have been made, the Australian court may:
 (a) revoke the order; or
 (b) make a fresh provisional order under subsection 111(3).
 (4) For the purposes of making a decision under subsection (3), the Australian court may have regard to the evidence given in the court in the reciprocating jurisdiction.