Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 71

  (1)   This section applies if the prisoner has a right under the law of the place of issue to apply to the tribunal or a court to set aside or obtain other relief in respect of the subpoena.

  (2)   Without limiting the ways in which, under the law of the place of issue, the application may be made, it may be made by transmitting the application to the tribunal or court by fax.

  (3)   Within 24 hours after making the application, the prisoner must cause a copy of the application to be served on the person (if any) at whose request the subpoena was issued at the person's address for service.

  (4)   For the purposes of calculating the 24 hour period, a day that is:

  (a)   a Saturday; or

  (b)   a Sunday; or

  (c)   a public holiday or bank holiday in the place in which the application is to be served;

does not count.

  (5)   Without limiting the ways in which, under the law of the place of issue, service may be effected, it may be effected by transmitting the copy to that address by fax.

  (6)   The tribunal or court may determine the application without a hearing unless the prisoner, or the person (if any) at whose request the subpoena was issued, objects.

  (7)   For the purposes of determining the application, the tribunal or court may hold a hearing by audio link or audiovisual link .

  (8)   A person who is entitled to practise as a barrister, solicitor or both before a court in:

  (a)   the place of issue of the subpoena; or

  (b)   another State in which a person is participating in the hearing by audio link or audiovisual link ;

has a right of audience before the tribunal or court at the hearing.

  (9)   If the tribunal or court sets aside or grants other relief in respect of the subpoena, it is to make any necessary consequential order in respect of the order for production.