Evidence on Commission Act 2001 (Tas)

Evidence on Commission Act 2001

An Act to provide for matters relating to evidence obtained in Tasmania for other jurisdictions and examination of witnesses outside Tasmania [Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Evidence on Commission Act 2001 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act – Australia includes – (a) for the purpose of Part 2 , the Territories of the Commonwealth (whether internal or external) for the government of which as a Territory provision is made by any Commonwealth Act; and (b) for the purpose of Part 3 – (i) the Territories of the Commonwealth (whether internal or external) for the government of which as a Territory provision is made by any Commonwealth Act; and (ii) New Zealand; examination includes any proceeding for the taking of evidence conducted by the judicial authorities of a foreign country in relation to a letter of request issued under an order made under Part 3 ; inferior court means a court of the State other than – (a) a court when exercising federal jurisdiction; or (b) the Supreme Court as defined in section 7 ; judicial authority, in relation to a place outside the State, means – (a) the Supreme Court of another State or a Territory of the Commonwealth; or (b) a court in that place that has the power or jurisdiction to give effect to a request made under Part 3 ; or (c) a court or person prescribed as a judicial authority for that place; place outside the State means a place outside the State, whether within or outside Australia; proceedings means proceedings – (a) in any civil or commercial matter; or (b) in or before a court in relation to the commission of an offence or an alleged offence; property includes any land, chattel or other corporeal property of any description; request includes any commission, order or other process issued by or on behalf of a requesting court; requesting court means a court or tribunal by or on whose behalf a request is made under section 4 .