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FOREIGN JUDGMENTS ACT 1991 - SECT 3

Interpretation

             (1)  In this Act, unless the contrary intention appears:

"action in personam" does not include a matrimonial cause or proceedings in connection with:

                     (a)  matrimonial matters; or

                     (b)  the administration of the estates of deceased persons; or

                     (c)  bankruptcy or insolvency; or

                     (d)  the winding up of companies; or

                     (e)  mental health; or

                      (f)  the guardianship of infants.

"appeal" includes a proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution.

"country" means a foreign country, and includes any region:

                     (a)  which is part of a foreign country; or

                     (b)  which is under the protection of a foreign country; or

                     (c)  for whose international relations a foreign country is responsible.

"country of the original court" means the country in which the original court is situated.

"enforceable money judgment" means a money judgment under which is payable:

                     (a)  an amount of money, other than (except as mentioned in paragraphs (b) and (c)) an amount payable in respect of:

                              (i)  taxes or other charges of a similar nature; or

                             (ii)  a fine or other penalty; or

                     (b)  an amount of money payable in respect of New Zealand tax; or

                     (c)  an amount of money payable in respect of recoverable Papua New Guinea income tax.

"enforcement" means:

                     (a)  where there is not an amount of money payable under the judgment, enforcement by:

                              (i)  attachment; or

                             (ii)  committal; or

                            (iii)  fine; or

                            (iv)  sequestration; or

                     (b)  where there is an amount of money payable under the judgment, enforcement by execution.

"judgment" means:

                     (a)  a final or interlocutory judgment or order given or made by a court in civil proceedings; or

                     (b)  a judgment or order given or made by a court in criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party; or

                     (c)  an award (other than an award given in a dispute of a kind referred to in paragraph 34(a) of the International Arbitration Act 1974 or an award that may be enforced under subsection 35(2) of that Act) in proceedings on an arbitration conducted in, and under the law applying in, a country, being an award that has become enforceable in a court of that country in the same manner as a judgment or order given by that court.

"judgment creditor" , in relation to a judgment, means the person in whose favour the judgment was given, (whether or not a sum of money is payable under the judgment) and includes a person in whom the rights under the judgment have become vested by succession, assignment or otherwise.

"judgment debtor" , in relation to a judgment, means the person against whom the judgment was given, (whether or not a sum of money is payable under the judgment) and includes a person against whom the judgment is enforceable under the law of the original court.

"money judgment" means a judgment under which money is payable.

"New Zealand tax" means tax or other charge of a similar nature payable under the laws of New Zealand, and includes additional or other tax payable, by way of penalty, interest or otherwise, because of a contravention of any of those laws or of a requirement made under any of those laws.

"non-money judgment" means a judgment that is not a money judgment.

"non-recoverable tax" means tax that is not New Zealand tax or recoverable Papua New Guinea income tax.

"original court" , in relation to a judgment, means the court by which the judgment was given.

"recoverable Papua New Guinea income tax" means tax payable under the laws of Papua New Guinea relating to taxes on income, but does not include:

                     (a)  additional or other tax payable, by way of penalty, interest or otherwise, because of a contravention of any of those laws or of a requirement made under any of those laws; or

                     (b)  tax of a class or description prescribed for the purposes of subsection (2).

"registered judgment" means a judgment registered under section 6.

"Registrar" , in relation to a court, means the person who holds, in relation to that court, the office of, or the office equivalent to the office of, Registrar or Clerk.

"registration" means registration under Part 2.

"Rules of Court" means rules duly made by the Supreme Court of a State or Territory or the Federal Court of Australia.

             (2)  The regulations may provide that a specified tax, or a tax included in a specified class of taxes, payable under the laws of Papua New Guinea is not a recoverable Papua New Guinea income tax.

             (3)  Regulations are not to be made in relation to a tax or class of taxes unless the Governor-General is satisfied that the tax, or each tax included in the class, is not properly a tax on income.

             (4)  For the purposes of this Act, an award of a kind to which paragraph (c) of the definition of judgment in subsection (1) applies is taken to be a judgment of the court, referred to in that paragraph, in which the award has become enforceable.



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