Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 79

Order for production

  (1)   The Supreme Court of a State in which a subpoena is issued may, on application, order that the prisoner be produced at the time and place specified in the subpoena as the time and place at which compliance with the subpoena is required.

  (2)   The court may make an order only if it is satisfied that:

  (a)   the evidence likely to be given by the prisoner, 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)   An order:

  (a)   may be made subject to specified conditions; and

  (b)   must be addressed to the custodian for the time being of the prisoner.


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