Australian Capital Territory Numbered Regulations

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COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 6612

Failure to comply with subpoena—contempt of court

(SCR o 1AA r 12)

    (1)     Failure to comply with a subpoena without lawful excuse is a contempt of court and the addressee may be dealt with accordingly.

    (2)     Despite rule 6605 (1), if a subpoena has not been served personally on the addressee, the addressee may be dealt with for contempt of court as if the addressee had been personally served if it is proved that the addressee had, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

    (3)     This rule does not affect any power of the court to enforce compliance with a subpoena, including power to issue a warrant for the arrest of an addressee who does not comply with a subpoena.

Note 1     Failure to comply with a subpoena may also be a criminal offence (see Criminal Code, s 719 (Failing to attend) and s 720 (Failing to produce document or other thing)).

Note 2     See also r 2444 (Enforcement—failure of individual to comply with subpoena etc) and r 2445 (Enforcement—failure of corporation to comply with subpoena etc).

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