Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 4021

    (1)     This rule applies if a corporation fails to comply with—

        (a)     a subpoena; or

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

              (i)     the court; or

              (ii)     an officer, examiner 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 a named senior officer of the corporation; and

        (b)     the production of the senior officer as required by the subpoena or order for the purpose of the proceeding; and

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

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

    (3)     The court may order a corporation that did not attend as required by the subpoena or order to pay the costs and expenses resulting because the corporation did not comply with the subpoena or order.

    (4)     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).