Commonwealth Numbered Regulations

1997 No. 3 MUTUAL ASSISTANCE IN CRIMINAL MATTERS REGULATIONS (AMENDMENT) - REG 3

3.1 Subregulation 3 (1): Omit the subregulation, substitute:

"(1) A Magistrate acting under the Act may issue a summons in accordance with
Form 1:

   (a)  requiring a named person to attend as a witness before the Magistrate
        to do any of the following:

        (i)    to give evidence as required under the summons;

        (ii)   to answer questions as required under the summons;

        (iii)  to produce documents and other articles in the person's custody
               or control as required under the summons; or

   (b)  requiring a named person who is only to produce documents, other
        articles, or both:

        (i)    to attend before the Magistrate; and

        (ii)   produce the documents (if any) in the person's custody or
               control; and

        (iii)  produce the other articles (if any) in the person's custody or
               control.".

3.2 Subregulation 3 (2):
After "personally" insert "or to a duly authorised person (authorised by the
person to be served)".

3.3 Add at the end of the regulation:

"(3) If service on a person cannot be effected under subregulation (2) for any
reason, the Magistrate may, on application, order that, instead of service,
the steps specified in the order are to be taken to bring the document to the
notice of a person named in the summons.

"(4) If a Magistrate makes an order under subregulation (3), the Magistrate
may order that the document be taken to have been served on the happening of a
specified event, or on the expiry of any specified time.".