Australian Capital Territory Numbered Regulations

DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 35

    (1)     This section applies if—

        (a)     a subpoena mentioned in section 32 (Subpoena—issue) has been served on the person named in the subpoena in accordance with section 34; and

        (b)     a reasonable amount for expenses that the person would incur in complying with the subpoena on any day when the person's attendance is required has been paid or tendered to the person when the subpoena was served or within a reasonable time before the date for compliance mentioned in the subpoena.

Note     Reasonable amount , for expenses for a person, is defined in s (5).

    (2)     The person must comply with a requirement of the subpoena.

Note     Failing to comply with a requirement of a subpoena, without a reasonable excuse, is an offence against the Criminal Code, ch 7 (Administration of justice offences).

    (3)     However, a person is not required to produce a document or thing because of a subpoena for production if—

        (a)     the document or thing is not mentioned or otherwise adequately described in the subpoena; or

        (b)     had the subpoena been issued by the Supreme Court, the person could have successfully objected to the requirement to produce the document or thing.

Examples of grounds for objecting to the requirement to produce

1     privilege

2     public interest immunity

3     insufficient possession, custody or control of the thing required to be produced

4     lateness of service of subpoena

5     statutory prohibition on production.

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     If a person contravenes subsection (2), the Magistrates Court may—

        (a)     issue a warrant for the person to be arrested and brought before the court to give evidence or to produce the required document or thing or both; and

        (b)     order the person to pay any costs in the proceeding that result from the contravention.

    (5)     For this section:

"reasonable amount", for expenses for a person, means the amount that would be payable in relation to the person if the party on whose request the subpoena was issued were entitled to claim witness expenses in relation to the person as costs in the proceeding.