Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2444

    (1)     This rule applies if an individual fails to comply with—

        (a)     a subpoena; or

        (b)     a notice for non-party production; or

        (c)     an order requiring attendance to give evidence or produce a document or thing before—

              (i)     the court; or

              (ii)     an officer, examiner, referee or anyone else who has authority to take evidence for the court.

    (2)     The court may make an order for the issue of a warrant to an enforcement officer for—

        (a)     the arrest of the individual; and

        (b)     the production of the individual as required by the subpoena, notice or order for the purpose of the proceeding; and

        (c)     the detention in custody of the individual until released by the court.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     Without limiting rule 6016 (Application in proceeding—oral application), an application for an order under this rule may be made orally, unless the court otherwise orders on its own initiative.

    (4)     The court may order an individual who did not attend as required by the subpoena or order to pay the costs and expenses resulting because the individual did not comply with the subpoena or order.

    (5)     This rule does not limit any other power of the court.

Note     Failure to attend or to produce a document or other thing in a legal proceeding may be an offence (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code

, s 719 and s 720).

    (6)     For the

, section 73A, that Act, division 3.4.4 (Committal and recognisance) applies in relation to a person for whom a warrant has been issued by the Magistrates Court under this rule.