Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 76

Order for leave

  (1)   The Supreme Court of a State in which a subpoena is issued may, on application, give leave to serve the subpoena outside the State.

  (2)   The court may give leave only if it is satisfied that:

  (a)   the evidence likely to be given by the person to whom the subpoena is addressed, or a document or thing specified in the subpoena, is relevant to the performance by the tribunal of the investigative function concerned; and

  (b)   if the evidence, document or thing may constitute or contain evidence that relates to matters of state--it is in the public interest that the evidence be given or the document or thing be produced.

  (3)   In granting an application, the court:

  (a)   is to impose a condition that the subpoena not be served after a specified day; and

  (b)   may impose other conditions.


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