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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 77

When judgments imposing regulatory regime criminal fines are registrable under subpart 5

77 When judgments imposing regulatory regime criminal fines are registrable under subpart 5

1 A judgment must be treated for the purposes of subpart 5 as a registrable Australian judgment if the judgment—
a) is given by an Australian court in a criminal proceeding and imposes a regulatory regime criminal fine; and
b) complies with any conditions prescribed by an order under subsection (2)(b) as conditions with which a judgment imposing a regulatory regime criminal fine of that kind must comply in order to be recognised and enforced under subpart 5 .
2 The Governor-General may, by Order in Council,—
a) declare a fine for a criminal offence under a provision of Australian legislation to be a regulatory regime criminal fine for the purposes of subpart 5 and this subpart:
b) prescribe conditions with which a judgment imposing a fine declared under paragraph (a) to be a regulatory regime criminal fine must comply in order to be recognised and enforced under subpart 5 .
3 Section 5 applies to a reference in an order under subsection (2) to a repealed Australian enactment.
4 An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
History: Section 77(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).



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