New South Wales Repealed Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 100AN

Warrant may issue for failure to comply with subpoena

100AN Warrant may issue for failure to comply with subpoena

(1) A Local Court may, on the application of a party who requested the issue of a subpoena, or on the Local Court's own motion, order that a warrant be issued directing that the person named in the subpoena be apprehended and brought before a Local Court as soon as practicable if:
(a) the person named has not complied with the subpoena, and
(b) the Local Court is satisfied that the requirements of this Division for subpoenas were complied with and that no just cause or reasonable excuse has been offered for the failure to comply.
(2) The Local Court before whom a person is brought after having been apprehended under a warrant referred to in subsection (1):
(a) subject to the Bail Act 1978 , must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and
(b) must order the person to be brought before a Local Court at such time and place as is specified in the order, and
(c) must give due notice of the time and place so specified to the person who commenced the proceedings to which the subpoena relates.
(3) The Bail Act 1978 applies to a person who is brought before a Local Court after having been apprehended under a warrant referred to in subsection (1) in the same way as it applies to an accused person, and for that purpose, bail may be granted to the person with respect to the period between:
(a) the person's being brought before a Local Court under a warrant for the purpose of being examined as a witness or producing a document or thing, and
(b) the person's being examined as a witness or producing the document or thing.
(4) A warrant under this section may be issued by any Justice.
(5) Sections 64 (Form of warrant) and 65 (No objection for defect or variance) apply to and in respect of a warrant referred to in subsection (1), with any necessary modifications, in the same way as they apply to and in respect of a warrant issued under Division 2.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback