Commonwealth Numbered Acts

LAW AND JUSTICE (CROSS BORDER AND OTHER AMENDMENTS) ACT 2009 (NO. 77, 2009) - SCHEDULE 3

Evidence and Procedure (New Zealand) Act 1994

1  Subsection 3(1)

Insert:

"excluded family proceeding" means:

                     (a)  a proceeding in respect of an application made under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980; or

                     (b)  a proceeding relating to the status or property of a person who is not fully able to manage his or her own affairs.

Note:          The text of the Convention referred to in paragraph (a) is set out in Australian Treaty Series 1987 No. 2 ([1987] ATS 2). In 2009, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

2  Subsection 3(1) (definition of family proceeding )

Repeal the definition.

3  Section 7

After "proceeding" (first occurring), insert ", other than a criminal proceeding or an excluded family proceeding,".

4  Paragraph 7(b)

Omit "; other than a criminal proceeding or family proceeding".

5  Paragraph 18(a)

Omit "a family", substitute "an excluded family".

6  Application

The amendments made by items 3, 4 and 5 apply in relation to a proceeding commenced on or after the commencement of this item.

7  Subsection 25(3)

Omit "the court", substitute "or receiving submissions by video link or telephone, all its powers which it".

[ Minister's second reading speech made in--

House of Representatives on 19 March 2009

Senate on 15 June 2009 ]