Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 129

Custodians to assist prisoners served with subpoenas

    The custodian of a person who is in prison in a State and who is served with a subpoena that was issued in another State must provide the person with such assistance as the person reasonably requires in order to enable him or her to do one or more of the following:

  (a)   if the person need not, for the purposes of complying with the subpoena, do either or both of the following:

  (i)   attend before the court, authority or tribunal that issued the subpoena;

  (ii)   give oral evidence, by audio link or audiovisual link, to the court, authority or tribunal;

    comply with the subpoena;

  (b)   apply, under section   33, 43, 61 or 71, to set aside, or obtain other relief from, the subpoena;

  (c)   apply, under section   44 or 72, to set aside or vary an order for production relating to the subpoena;

  (d)   obtain legal advice in connection with the subpoena or any such order.



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