Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 37

Issue of warrants for non - compliance with subpoenas

  (1)   If a person (other than a person under restraint) served with a subpoena under this Division fails to comply with the subpoena, a court or authority of the place of issue of the subpoena may issue such warrant as it might have issued had the subpoena been served in its place of issue.

  (2)   If a person under restraint served with a subpoena under this Division fails to comply with the subpoena, a court or authority that could have issued a warrant under subsection   ( 1) if the person were not a person under restraint may issue a warrant to have the person apprehended and brought before a court, authority or person to give evidence, or produce a document or thing, or both.

  (3)   If a person under restraint served with a subpoena under this Division fails to comply with the subpoena and also fails to comply with section   36, a court or authority of the place of issue of the subpoena may, as an alternative to issuing a warrant under subsection   ( 2), issue such warrant as it might have issued had the subpoena been served in its place of issue.



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