Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 65

Issue of warrants for non - compliance with subpoenas

  (1)   If a person (other than a person under restraint) served with a subpoena under this Subdivision fails to comply with the subpoena, a tribunal of or magistrate in the place of issue of the subpoena may issue such warrant as the tribunal or magistrate might have issued had the subpoena been served in its place of issue.

  (2)   If a person under restraint served with a subpoena under this Subdivision fails to comply with the subpoena, a tribunal that or magistrate who could have issued a warrant under subsection   ( 1) if the person were not a person under restraint may issue a warrant to have the person apprehended and brought before the tribunal that issued the subpoena to give evidence, or produce a document or thing, or both.

  (3)   If a person under restraint served with a subpoena under this Subdivision fails to comply with the subpoena and also fails to comply with section   64, a tribunal of or magistrate in the place of issue of the subpoena may, as an alternative to issuing a warrant under subsection   ( 2), issue such warrant as the tribunal or magistrate might have issued had the subpoena been served in its place of issue.



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