Trans-Tasman Proceedings (Regulatory Regime Criminal Fines) Order 2013

2013/344

Coat of Arms of New Zealand

Trans-Tasman Proceedings (Regulatory Regime Criminal Fines) Order 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 2nd day of September 2013

Present:
The Right Hon John Key presiding in Council

Pursuant to section 77(2)(a) of the Trans-Tasman Proceedings Act 2010, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title

  • This order is the Trans-Tasman Proceedings (Regulatory Regime Criminal Fines) Order 2013.

2 Commencement

  • This order comes into force on 11 October 2013.

3 Fines for criminal offences under specified Australian legislation declared regulatory regime criminal fines

  • (1) This subclause declares a fine for a criminal offence under a provision of the specified Australian legislation to be a regulatory regime criminal fine for the purposes of subparts 5 and 8 of Part 2 of the Trans-Tasman Proceedings Act 2010.

    (2) The reference in subclause (1) to the provision includes (without limitation) a reference to any provision of any subordinate legislation (however described) that is made—

    • (a) under an Act of the Parliament of, or of a State or Territory of, Australia; and

    • (b) in connection with, or for the purposes of, the provision.

    (3) Subclause (1) applies even if the criminal offence under the provision relates to a contravention of, or relates to a fine in or calculated under, or is extended in its application or operation by, any other provision in or made under an Act of the Parliament of, or of a State or Territory of, Australia.

4 Specified Australian legislation

  • (1) The specified Australian legislation, in clause 3, means—

    • (a) the Australian Securities and Investments Commission Act 2001 (Aust):

    • (b) the Banking Act 1959 (Aust):

    • (c) the Corporations Act 2001 (Aust):

    • (d) the specified parts of the Competition and Consumer Act 2010 (Aust):

    • (e) the specified State or Territory consumer laws.

    (2) The specified parts of the Competition and Consumer Act 2010 (Aust), in subclause (1)(d), means—

    • (a) section 77A—indemnification of officers:

    • (b) section 79—offences against a cartel offence provision (namely, against—

      • (i) section 44ZZRF (making a contract, etc, containing a cartel provision); or

      • (ii) section 44ZZRG (giving effect to a cartel provision)):

    • (c) Part VIIA—prices surveillance:

    • (d) Schedule 2—The Australian Consumer Law, but only insofar as its provisions are applied—

      • (i) as a law of the Commonwealth of Australia (which applies to the conduct of corporations and those associated with them), by the Competition and Consumer Act 2010 (Aust); or

      • (ii) as a law of a State or Territory (which applies to the conduct of corporations and individuals), with or without modifications, by a specified application law.

    (3) A specified application law, in subclause (2)(d)(ii), means—

    • (a) the Fair Trading (Australian Consumer Law) Act 1992 (Australian Capital Territory); or

    • (b) the Fair Trading Act 1987 (New South Wales); or

    • (c) the Consumer Affairs and Fair Trading Act 1990 (Northern Territory); or

    • (d) the Fair Trading Act 1987 (South Australia); or

    • (e) the Fair Trading Act 1999 (Victoria).

    (4) The specified State or Territory consumer laws, in subclause (1)(e), means—

    • (a) the Fair Trading (Australian Consumer Law) Act 1992 (Australian Capital Territory):

    • (b) the Fair Trading Act 1987 (South Australia):

    • (c) the Fair Trading Act 1999 (Victoria).

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which is made under the Trans-Tasman Proceedings Act 2010 (the Act), comes into force (as do most of the Act's provisions) on 11 October 2013. It declares fines for criminal offences under specified Australian legislation to be regulatory regime criminal fines for the purposes of provisions of the Act on recognition and enforcement in New Zealand of Australian judgments.

The effect of the declaration is that judgments imposing the fines are treated as registrable Australian judgments under the Act. This order prescribes no conditions with which judgments of that kind must comply in order to be recognised and enforced in New Zealand. At the time of the making of this order, the following legislation was available at the following Internet sites:

  • the specified Australian legislation (other than the specified State or Territory consumer laws in force before 1 January 2011): http://www.comlaw.gov.au

  • the specified application laws of the 5 specified Australian States or Territories, and the 3 specified State or Territory consumer laws: http://www.austlii.edu.au

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 5 September 2013.

This order is administered by the Ministry of Justice.