Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(MCCJA s 187 (7), (9))
(1) This regulation applies if—
(a) a summons mentioned in regulation 28 (Issue of summons) has been served on the person named in the summons in accordance with regulation 30; and
(b) a reasonable amount for expenses that the person would incur in complying with the summons on any day when the person's attendance is required has been paid or tendered to the person at the time of service of the summons or within a reasonable time before the date for compliance mentioned in the summons.
Note Reasonable amount , for expenses, is defined in subregulation (5).
(2) The person must not, without reasonable excuse, fail to comply with a requirement of the summons.
Maximum penalty: 10 penalty units.
(3) However, a person is not required to produce a document or thing because of a summons for production if—
(a) the document or thing is not mentioned or otherwise adequately described in the summons; or
(b) had the summons 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 summons
5 statutory prohibition on production.
Note These examples are not exhaustive, and may extend, but do not limit, the meaning of this section (see Legislation Act 2001 , s 132).
(4) If someone contravenes subregulation (2), the Magistrates Court may—
(a) issue a warrant for the apprehension of the person and for the person to be 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 regulation:
"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 summons was issued were entitled to claim witnesses' expenses in relation to the person as costs in the proceeding.