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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 92

Application of Division 1 to certain warrants issued by tribunals

  (1)   Subject to this Division, Division   1 (other than section   81 and subsections   87(4) and (5)) applies to a warrant issued by a tribunal if:

  (a)   the warrant was issued because of non - compliance with a subpoena in relation to which leave has been given under section   57 or 76; or

  (b)   the Supreme Court of the place of issue of the warrant (not being a warrant mentioned in paragraph   ( a)) makes an order under section   93.

  (2)   For the purposes of the application of Division   1 in relation to a warrant referred to in paragraph   ( 1)(a), the requirement under subsection   82(6) or section   83 to produce the warrant or a copy of the warrant (as that section applies to the warrant because of this section) includes a requirement to produce a copy of the instrument by which leave was given under section   57 or 76.

  (3)   For the purposes of the application of Division   1 in relation to a warrant referred to in subsection   ( 1):

  (aa)   references in section   85A to the clerk of a court are taken to be references to the secretary (however described) of a tribunal; and

  (a)   references in section   87 to a court, authority or person are taken to be references to a tribunal; and

  (b)   the reference in paragraph   87(3)(b) to section   36 is taken to be a reference to section   64; and

  (c)   references in section   90 to the court of issue, or authority of issue, of the warrant are taken to be references to the Supreme Court of the place of issue of the warrant.



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