Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 30

Time for service

  (1)   Service of the subpoena is effective only if the period between service and the day on which the person to whom the subpoena is addressed is required to comply with the subpoena is not less than:

  (a)   14 days; or

  (b)   such shorter period as the court of issue or the authority of issue, on application, allows.

  (2)   The court or authority may allow a shorter period only if it is satisfied that:

  (a)   the giving of the evidence likely to be given by the person to whom the subpoena is addressed, or the production of a document or thing specified in the subpoena, is necessary in the interests of justice; and

  (b)   there will be enough time for the person:

  (i)   to comply with the subpoena without hardship or serious inconvenience; and

  (ii)   to make an application under section   33.

  (3)   In granting an application, the court or authority:

  (a)   is to impose a condition that the subpoena not be served after a specified day; and

  (b)   may impose other conditions.



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