Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 90

  (1)   This section applies to a person who has been taken in custody, pursuant to an order made, confirmed or varied under this Division, to the place of issue of a warrant for the purpose of giving evidence or producing a document or thing.

  (2)   The person may apply to the court of issue, or authority of issue, of the warrant for an order that he or she be released from custody.

  (3)   The respondent is to be the person at whose request the warrant was issued.

  (4)   Notice of the application must be served on the respondent:

  (a)   personally; or

  (b)   by sending it by post to his or her address for service in the proceeding in relation to which the warrant was issued; or

  (c)   by sending it by fax to that address; or

  (d)   by leaving a copy of the application at that address.

  (5)   The court of issue, or authority of issue, of the warrant may order that the person be released from custody if it is satisfied that it is not necessary for the person to be held in custody in order to secure his or her attendance to give the evidence or produce the document or thing.

  (6)   Upon such an order being made, the person is to be released.

  (7)   The court of issue, or authority of issue, of the warrant may further order that the person be remanded on bail on condition that he or she appear, at a specified time or day, before the court, authority, tribunal or person to which the evidence is to be given or the document or thing is to be produced.