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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 63 Assistance to New Zealand court s and tribunals

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 63

Assistance to New Zealand court s and tribunals

  (1)   An officer of an Australian court or tribunal to which subsection   ( 2) applies may, at the request of a New Zealand court or tribunal :

  (a)   attend at the place in Australia from which a remote appearance is made in a hearing related to a proceeding before the New Zealand court or tribunal ; and

  (b)   tak e any action that the New Zealand court or tribunal direc ts to facilitate the proceeding; and

  (c)   assist with the administering by the New Zealand court or tribunal of an oath or affirmation .

  (2)   This subsection applies to the following:

  (a)   the Federal Court;

  (b)   the Federal Circuit and Family Court of Australia ( Division   1 );

  (c)   a State or Territory court prescribed by the regulations;

  (d)   an Australian tribunal prescribed by the regulations .

  (3)   Regulations made for the purposes of paragraph   ( 2)(c) or (d):

  (a)   must not prescribe a court or tribunal of a State unless the Governor of that State has requested in writing that the court or tribunal be so prescribed; and

  (b)   must not prescribe a court or tribunal of the Australian Capital Territory unless the Chief Minister of the Australian Capital Territory has requested in writing that the court or tribunal be so prescribed; and

  (c)   must not prescribe a court or tribunal of any other Territory unless the Administrator of the Territory has requested in writing that the court or tribunal be so prescribed.

  (4 )   Regulations made for the purposes of paragraph   ( 2)(d) must not prescribe a tribunal unless the tribunal is a person or body authorised by or under an Australian law to take evidence on oath or affirmation.