New South Wales Repealed Acts

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 100AK

100AK Production by non-party

(1) If the person named in a subpoena for production is not a party in the proceedings, the subpoena is, unless a Local Court otherwise orders, to permit the person to produce the document or thing to the Local Court specified in the subpoena not later than the day before the first day on which the person's attendance is required, instead of attending and producing the document or thing as required by the subpoena.

(2) If a document or thing is produced under subsection (1), a Justice, other than a Justice sitting as a Local Court, is:

(a) to give a receipt to the person producing the document or thing, and

(b) to produce the document or thing as the nature of the case requires or as the Local Court may direct.

(3) If a document or thing is produced under subsection (1), a Justice, other than a Justice sitting as a Local Court, may, if the Justice thinks fit, order that the subpoena is no longer to be of any force or effect and return the document or thing to the person who produced it in the following circumstances:

(a) the hearing of the proceedings is adjourned before the document or thing is tendered to the Local Court,

(b) the document or thing is produced in compliance with a subpoena that is returnable under subsection 100AJ (3) on a day other than a day on which the proceedings are heard.

(4) Subsection (3) does not operate to prevent the issue of a further subpoena requiring the production of a document or thing returned under that subsection.

(5) This section and section 100AJ do not affect the operation of Division 1 of Part 4.6 of the Evidence Act 1995 (Requests to produce documents or call witnesses).