Commonwealth Consolidated Acts

EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 - SECT 21

             (1)  A person who contravenes section 20:

                     (a)  is taken to be in contempt of the Federal Court of Australia; and

                     (b)  is punishable accordingly; unless the person establishes that the contravention should be excused.

             (2)  In determining whether the contravention should be excused, the Federal Court of Australia 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 of Australia is satisfied that:

                              (i)  the High Court of New Zealand 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 of New Zealand 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 to which the Federal Court of Australia would have had regard if it had issued the subpoena.

             (3)  A certificate under a seal of the New Zealand court out of which the subpoena was issued stating that:

                     (a)  a judge of the High Court of New Zealand granted leave to serve the subpoena in Australia; and

                     (b)  the person named failed to comply with the subpoena; is evidence of the person's contravention of section 20 unless the person establishes to the satisfaction of the Federal Court of Australia that the person did not in fact contravene that section.

             (4)  Findings of fact made by the High Court of New Zealand on an application to that court to set aside the subpoena cannot be challenged by a person alleged to have contravened section 20 unless that court was deliberately misled in making those findings of fact.