Paragraph (b) of the definition of expenses in section 150: omit “thing—”
and substitute “thing”
.
Definition of expenses in section 150: omit “necessary for the purposes of complying with the subpoena”
in the second place where it appears.
Section 150: insert in their appropriate alphabetical order:
“audio link means facilities (for example, telephone facilities) that enable audio communication between people in different places
“audiovisual link means facilities that enable audio and visual communication between people in different places
“examination of a person giving evidence means the examination-in-chief, cross-examination, or re-examination of the person
“relevant court, in relation to leave to serve a New Zealand subpoena on a witness in Australia, or an application under section 154 for leave of that kind, means—
“remote appearance medium means—
“remote evidence means evidence given or to be given under section 168 or 173
“submissions does not include submissions that are not—
Section 151: repeal and substitute:
“151 Meaning of specified proceeding
In this subpart, specified proceeding means a proceeding—
New sections 153A and 153B: insert after section 153:
“153A Courts (Remote Participation) Act 2010 does not apply to remote appearances under this subpart
“153B Mutual Assistance in Criminal Matters Act 1992 operates in parallel with this subpart
Section 154(1): omit “High Court”
and substitute “relevant court”
.
Section 160: omit “High Court”
in each place where it appears and substitute in each case “relevant court”
.
Section 161(a): omit “High Court”
and substitute “relevant court”
.
Section 163(2)(a): omit “Federal Court, or of the order of the Judge of the Family Court of Australia, or the order of the Judge of a Supreme Court of a State or a territory of Australia, as the case may be,”
and substitute “court of judicature within Australia”
.
Section 165(4)(a): omit “the Federal Court or a Judge of the Family Court of Australia or a Judge of a Supreme Court of an Australian State or a territory”
and substitute “a court of judicature within Australia”
.
Section 165(5): omit “Federal Court or by the Family Court of Australia or by a Supreme Court of an Australian State or a territory”
and substitute “court of judicature within Australia referred to in subsection (4)(a)”
.
Heading above section 168: omit “Video link and telephone conferences”
and substitute “Audio links and audiovisual links”
.
Section 168: repeal and substitute:
“168 New Zealand court may receive evidence, and related examination and submissions, by audio link and audiovisual link from Australia
“168A Costs of giving evidence, and making examination and submissions, from Australia
Section 169: omit “submissions by video link or telephone conference”
and substitute “examination or submissions by audio link or audiovisual link”
.
Heading to section 170: omit “submissions by video link”
and substitute “, examination, and submissions by audiovisual link”
.
Section 170: omit “or submissions made by video link”
and substitute “, or examination or submissions made, by audiovisual link”
.
Section 170: omit “or the submissions are to be made”
and substitute “, or the examination is to be made, or the submissions are to be made,”
.
Section 170: omit “video facilities”
and substitute “facilities”
.
Section 170(a): insert “examination or”
before “submissions in Australia”
.
Section 170(b): omit “or the submissions are made”
and substitute “, the examination is made, or the submissions are made,”
.
Heading to section 171: omit “and submissions by telephone”
and substitute “, examination, and submissions by audio link”
.
Section 171: omit “or submissions made by telephone conference”
and substitute “, or examination or submissions made, by audio link”
.
Section 171: omit “or the submissions are to be made”
and substitute “, or the examination is to be made, or the submissions are to be made,”
.
Section 171: omit “telephone conference facilities”
and substitute “facilities”
.
Section 171(a): insert “examination or”
before “submissions in Australia”
.
Section 171(b): omit “or the submissions are made”
and substitute “, the examination is made, or the submissions are made,”
.
Section 172: repeal and substitute:
“172 Rights of Australian counsel
Heading above section 173: omit “Video link and telephone conferences”
and substitute “Audio links and audiovisual links”
.
Section 173: repeal and substitute:
“173 Australian court may take evidence, and receive related examination and submissions, by audio link or audiovisual link from New Zealand
Section 174: insert “examination or”
before “submissions”
in both places where it appears.
Section 175(1)(b): insert “, the examination is or is to be made,”
before “or the submissions are or are to be made”
.
Heading to section 176: insert “or examination or submissions made”
after “evidence given”
.
Section 176: insert “, the examination is made,”
after “the evidence is given”
.
Section 177(1): insert “an examination or”
before “submissions”
.
Section 177(2): insert “examination or”
before “submissions”
.
Section 177: omit “video link or telephone conference”
in each place where it appears and substitute in each case “audio link or audiovisual link”
.
Section 178(1): omit “video link or telephone conference”
and substitute “audio link or audiovisual link”
.
Section 179(1): insert “, an examination is being made,”
after “evidence is being given”
.
Section 179(1): omit “video link or telephone conference”
and substitute “audio link or audiovisual link”
.
Section 180(a): insert “, an examination is being or will be made,”
after “evidence is being or will be given”
.
Section 180(a): omit “video link or telephone conference”
and substitute “audio link or audiovisual link”
.
Section 181 and heading above section 181: repeal.
Section 189(1): omit “subsection”
and substitute “section”
.
Section 199(1)(e): omit “submissions by video link or telephone conference”
and substitute “examinations and submissions by audio link or audiovisual link”
.