Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 36

Person may be examined without subpoena or other process

  (1)   The court may order a person who:

  (a)   is present at the hearing of a proceeding; and

  (b)   is compellable to give evidence in the proceeding;

to give evidence and to produce documents or things even if a subpoena or other process requiring the person to attend for that purpose has not been duly served on the person.

  (2)   A person so ordered to give evidence or to produce documents or things is subject to the same penalties and liabilities as if the person had been duly served with such a subpoena or other process.

  (3)   A party who inspects a document or thing produced to the court because of subsection   ( 1) need not use the document in evidence.


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