Australian Capital Territory Numbered Regulations

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PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 28

Issue of summons (MCCJA s 187 (1), (2))

    (1)     This regulation applies to—

        (a)     a summons (a summons to give evidence ) to the person named in the summons to attend before the Magistrates Court or an examiner, to give evidence; or

        (b)     a summons (a summons for production ) to the person named in the summons to attend before the court or an examiner to produce a document or thing; or

        (c)     a summons that is both a summons to give evidence and a summons for production.

Note       If a form is approved under the Act, s 96 (Approved forms) for a summons, the form must be used.

    (2)     In a proceeding—

        (a)     the Magistrates Court may issue the summons on its own initiative; and

        (b)     the registrar must, subject to any order or direction of the Magistrates Court, issue the summons if asked by a party to the proceeding.



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