43Contravening New Zealand subpoenas

#### 43 Contravening New Zealand subpoenas (1) A person who contravenes section 42: (a) is in contempt of the Federal Court; and (b) is punishable accordingly; unless the person establishes that the contravention should be excused. (2) In determining whether the contravention should be excused, the Federal Court may take into account: (a) any matters that have not been brought to the attention of the New Zealand court that gave leave for the subpoena to be served in Australia, if the Federal Court is satisfied that: (i) the New Zealand court would have been likely to have set aside the subpoena if the matters had been brought to its attention; and (ii) the failure to bring the matters to the attention of the New Zealand court was not the person’s fault, or was the result of an omission by the person that should be excused; and (b) any other matters to which the Federal Court would have had regard if it had issued the subpoena. (3) A certificate under a seal of the New Zealand court or tribunal that issued the subpoena stating that: (a) a New Zealand court granted leave to serve the subpoena in Australia; and (b) the person named failed to comply with the subpoena; is evidence of the person’s contravention of section 42 unless the person establishes to the satisfaction of the Federal Court that the person did not in fact contravene that section. (4) Findings of fact made by a New Zealand court on an application to that court to set aside the subpoena cannot be challenged by a person alleged to have contravened section 42 unless that court was deliberately misled in making those findings of fact.