Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"court" includes the extended meaning given in section 4.
"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.
"excluded family proceeding" means:
(a) a proceeding in respect of an application made under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980; or
(b) a proceeding relating to the status or property of a person who is not fully able to manage his or her own affairs.
Note: The text of the Convention referred to in paragraph (a) is set out in Australian Treaty Series 1987 No. 2 ([1987] ATS 2). In 2009, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"expenses" , in relation to a subpoena, include the reasonable costs of:
(a) necessary travel to and from, and accommodation at, the place where complying with the subpoena is required; or
(b) finding, collating and producing a document or thing; for the purposes of complying with the subpoena.
"fax" , in relation to a document, means a copy of the document that has been reproduced by facsimile telegraphy.
"federal court" includes the extended meaning given in section 4.
"inferior court" means a court that is not a superior court.
"New Zealand Act" means an Act of the Parliament of New Zealand.
"New Zealand Minister" means a Minister of the Crown of New Zealand.
"official instrument" includes a proclamation, commission, appointment,warrant or order.
"person named" , in relation to a subpoena, means the person to whom the subpoena is addressed.
(a) a record required by New Zealand law to be kept of a public document or proceeding; or
(b) an entry in a public register or book; or
(c) a certificate issued by a New Zealand officer under New Zealand law.
"spouse" includes de facto spouse.
"subpoena" means a subpoena to give evidence, a subpoena for production or a subpoena that is both a subpoena to give evidence and a subpoena for production, but does not include a process that requires a person to produce a document in connection with discovery and inspection of documents.
"subpoena for production" means a process that requires the person named to attend as directed by the order and produce a document or thing for the purpose of evidence.
"subpoena to give evidence" means a process that requires the person named to attend as directed by the order for the purpose of giving evidence.
(a) the High Court; or
(b) the Federal Court of Australia or the Family Court of Australia; or
(c) the Supreme Court of a State or Territory.
(2) A reference in this Act to a subpoena issued by a court is a reference to a subpoena issued by or out of the court.